Baker & McKenzie LLP, an Ontario limited liability partnership, is a member firm of Baker & McKenzie International, a Swiss Verein with member law firms.
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‒ Red Riding Hood retained Three Little Pigs LLP to bring action in Federal Court (FC) for declaration that BB Wolfe infringes Red’s
trade-mark damages for trade-mark infringement destruction, or in the alternative, delivery
up, of all advertising and promotional materials that contain the infringing trade-mark
preliminary and permanent injunctions requiring BB Wolfe to immediately cease the use of the infringing trade-mark and to prevent continued use in the future
‒ IP cases rarely refused case management. In fact, FC expects IP cases to be case managed
‒ Case management especially useful scheduling trial date(s) early and setting schedule for intervening
steps from there early resolution of procedural disputes easy access to CMJ/CMP through simple phone call or by letter When in doubt, pick up the phone and call!
‒ RJR McDonald (SCC) established the well-known test for interlocutory injunction in which the applicant must establish: there is a serious issue to be tried there is a risk of irreparable harm balance of convenience favours the applicant
‒ “Balance of convenience” requires weighing of all circumstances to assess effect on applicant if the injunction is not granted effect on respondent if the injunction is granted
‒ Would one party be prejudiced more than the other?‒ If equally inconvenienced then status quo will be maintained