The plaintiffs brought a summary trial motion claiming the defendants infringed their registered HOSTESS trademarks, committed passing off, and depreciated goodwill by selling bread under the HOSTESS name.
The Federal Court granted the motion in large part, finding the marks were valid and the defendants' use caused confusion, infringement, passing off, and depreciation of goodwill.
The court awarded $10,000 in damages and injunctive relief against the corporate defendants but dismissed the claim against the personal defendant.
