McGregor Hosiery Mills v. Mercury Knitting Mills, (1986) 1 F.T.R. 297 (TD)

• Court: Federal Court (Canada)
• Case Date: November 18, 1985
• Jurisdiction: Canada (Federal)
• Citations: (1986), 1 F.T.R. 297 (TD)

McGregor Hosiery v. Mercury Knitting (1986), 1 F.T.R. 297 (TD)

MLB headnote and full text

McGregor Hosiery Mills v. Mercury Knitting Mills Limited carrying on business under the style and name Mercury Knitting Mills

(T-402-84)

Indexed As: McGregor Hosiery Mills v. Mercury Knitting Mills

Federal Court of Canada

Trial Division

Giles, Associate Senior Prothonotary

January 3, 1986.

Summary:

McGregor Hosiery Mills commenced an action against Mercury Knitting Mills for the improper use of a trademark and Mercury counterclaimed for damages arising from the manner in which McGregor sought to protect its mark. Mercury applied for an order that one Lipson reattend on behalf of McGregor to answer outstanding questions arising from his examination for discovery. The Associate Senior Prothonotary of the Federal Court of Canada, Trial Division, examined the contested questions and ruled on whether Lipson was required to reattend to provide answers.

Trademarks, Names and Designs - Topic 4404

Trademarks - Practice - Examination for discovery - In a dispute over the alleged improper use of a trademark the defendant applied to have a witness reattend on behalf of the plaintiff to answer certain discovery questions - The Associate Senior Prothonotary of the Federal Court of Canada, Trial Division, examined the questions and ruled on whether the witness had to reattend to provide answers.

Counsel:

Appearances: Peter F. Kappel, for the plaintiff;

Kenneth MacKay, for the defendant.

Solicitors of Record:

MacBeth & Johnson, Toronto, Ontario, for the plaintiff;

Sim, Hughes, Toronto, Ontario, for the defendant.

This application was heard at Toronto, Ontario, on November 18, 1985, before Asssociate Senior Prothonotary Giles, of the Federal Court of Canada, Trial Division, who delivered the following decision on January 3, 1986: