PRACTICE |
Parties |
Third Party Proceedings |
Bell Canada v. U S West, Inc.
T-266-00
Morneau P.
16/6/00
5 pp.
Motion by defendant Sonigem Products Inc. under r. 194(a) for leave to join two other defendants listed with it in principal action--Action concerned infringement by defendants of group of trade-marks owned by principal plaintiff, Bell Canada--Remedy Sonigem sought against other two defendants based on Trade-marks Act, s. 8--Requirements of s. 8 met and Court has jurisdiction ratione materiae to hear joinder of Sonigem--Damages Sonigem claimed under s. 8 covered injury to its reputation and good will--Statutory warranty that mark "has been and may be lawfully used" imposed by s. 8 at time of transfer--Motion allowed--Federal Court Rules, 1998, SOR/98-106, r. 194(a)--Trade-marks Act, R.S.C., 1985, c. T-13, s. 8.