Asian Video Movies Wholesaler Inc. v. 1126392 Ontario Inc.
T-2591-95
Reed J.
16/5/96
7 pp.
Proceedings to determine penalty for contempt-Defendants in contempt of order to cease using name "Asian Food and Video"-In reviewing file for contempt, deficiencies noted in relation to original order-Plaintiffs assert design mark, not word mark and word "Asian" expressly disclaimed-No evidence on file use of word "Asian" on defendants' signs in any way similar to plaintiff's design mark-Court cannot refuse to render finding of contempt merely because concluding interlocutory injunction should not have been issued in first place-Can consider quality of evidence as relevant to nature and extent of penalty to be imposed-Penalty assessed at $1.
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