| Citation: |
Tractor Supply Co. of Texas, LP v. TSC Stores L.P., 2010 FC 883, [2010] 4 F.C.R. D-5 |
T-1804-07 |
Trade marks
Practice
Motion for stay of opposition proceedings before Trade-marks Opposition Board—Defendants applying for registration of trade-mark TSC STORES—Plaintiffs seeking declaration of ownership of TSC STORES trade-mark, subsequently commencing opposition proceeding in relation to defendant’s registration application—With regard to proper test governing Court’s discretion to grant stay order, factors in White v. E.B.F. Manufacturing Ltd., 2001 FCT 713, RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311 overlapping—Considerations in former case more relevant, appropriate, since issue herein whether having two proceedings continue in tandem amounting to abuse of process—Plaintiffs failing to identify any prejudice if motion dismissed—Although issues raised in both proceedings overlapping, relief sought different—No significant risk of inconsistent findings—No suggestions made that allowing opposition proceedings to continue rendering current action nugatory—Continuing opposition proceedings may cause inconvenience, expenses, however Court not persuaded result oppressive, vexatious, abuse of process—Plaintiffs failing to show motion herein clear case where interests of justice warranting stay—Motion dismissed.
Tractor Supply Co. of Texas, LP v. TSC Stores L.P. (T-1804-07, 2010 FC 883, Mactavish J., order dated September 8, 2010, 16 pp.)