Dermaspark Products Inc v. Patel

JurisdictionFederal Jurisdiction (Canada)
CourtFederal Court (Canada)
Citation2023 FC 388
Date21 March 2023

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6 practice notes
  • Patel v. Dermaspark Products Inc.
    • Canada
    • Court of Appeal (Canada)
    • August 13, 2025
    ...POLLOGEN LTD. Respondents REASONS FOR JUDGMENT STRATAS J.A. [1] This is an appeal from the judgment of the Federal Court (per Kane J.): 2023 FC 388. The Federal Court decided that the appellants were liable, jointly and severally, in the amount of $45,000, representing statutory damages of ......
  • Louis Dreyfus Company Canada ULC v. Canadian National Railway Company
    • Canada
    • Federal Court (Canada)
    • November 25, 2025
    ...v General Entertainment and Music Inc, 2024 FC 1127 at paras 91‑92 [Demirören]). They also point to Dermaspark Products Inc v Patel, 2023 FC 388 [Dermaspark Products], at para [424] One of the factors this Court may consider in exercising its discretion to set an interest rate is the m......
  • Ecolab USA Inc. v. 2431717 Ontario Inc. (3D Eco Chemical Labs Canada)
    • Canada
    • Federal Court (Canada)
    • April 1, 2025
    ...was awarded $15,000 for only 1.5 years of illegal use after being made aware of illegal activities. In Dermaspark Products Inc v Patel, 2023 FC 388, the plaintiff was awarded $20,000 where the length of time of use of the infringing mark by the defendant’s was 2 years. In the case before me......
  • Burberry Limited v. Ward
    • Canada
    • Federal Court (Canada)
    • September 19, 2023
    ...from whom they obtain Counterfeit Merchandise. A similar order was recently granted by the Court in Dermaspark Products Inc v Patel, 2023 FC 388. (ii) Third party order [82] The Ward Defendants rely on third parties to conduct their infringing activities. These third parties include shippin......
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6 cases
  • Patel v. Dermaspark Products Inc.
    • Canada
    • Court of Appeal (Canada)
    • August 13, 2025
    ...POLLOGEN LTD. Respondents REASONS FOR JUDGMENT STRATAS J.A. [1] This is an appeal from the judgment of the Federal Court (per Kane J.): 2023 FC 388. The Federal Court decided that the appellants were liable, jointly and severally, in the amount of $45,000, representing statutory damages of ......
  • Louis Dreyfus Company Canada ULC v. Canadian National Railway Company
    • Canada
    • Federal Court (Canada)
    • November 25, 2025
    ...v General Entertainment and Music Inc, 2024 FC 1127 at paras 91‑92 [Demirören]). They also point to Dermaspark Products Inc v Patel, 2023 FC 388 [Dermaspark Products], at para [424] One of the factors this Court may consider in exercising its discretion to set an interest rate is the m......
  • Ecolab USA Inc. v. 2431717 Ontario Inc. (3D Eco Chemical Labs Canada)
    • Canada
    • Federal Court (Canada)
    • April 1, 2025
    ...was awarded $15,000 for only 1.5 years of illegal use after being made aware of illegal activities. In Dermaspark Products Inc v Patel, 2023 FC 388, the plaintiff was awarded $20,000 where the length of time of use of the infringing mark by the defendant’s was 2 years. In the case before me......
  • Lounge Medical Spa Ltd. v. DermaSpark Products Inc.
    • Canada
    • Court of Appeal (Canada)
    • August 6, 2026
    ...Dermaspark Products Inc. v. Aveena Cosmetic Clinic Inc., 2025 FC 1350 (Aveena (1350)) - $15,000; Dermaspark Products Inc. v. Patel, 2023 FC 388 - $20,000; Dermaspark Products Inc. c. Étienne, 2023 QCCS 1268 - $20,000 per plaintiff; and most recently Dermaspark Products Inc. v. Ottamann (Adm......
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1 firm's commentaries
  • When Not To Seek A Summary Trial!
    • Canada
    • Mondaq Canada
    • May 22, 2023
    ...to Seek a Summary Trial! Dermaspark Products Inc v. Patel 2023 FC 388 A defendant categorized the plaintiff's claims as an abuse of process and asserted the plaintiff was a "trademark bully". The defendant brought a motion for summary trial to dismiss the plaintiff's The Facts The plaintiff......