Bruce W. Stratton

The defendant moved to stay an Ontario action pending the outcome of a related proceeding commenced in Kentucky.

The plaintiff sought declaratory relief concerning its proprietary interest in an internet domain name within Ontario.

The court found the action had a real and substantial connection to Ontario, as the plaintiff’s operations, witnesses, and relevant activities were located in Ontario and Ontario law would likely govern the dispute.

The court concluded that the defendant failed to establish that the balance of convenience favoured the Kentucky proceeding.

The motion to stay the Ontario action was dismissed.

Kirkbi held patents for LEGO construction sets.

When the patents expired in Canada, Ritvik began manufacturing and selling interchangeable bricks.

Kirkbi claimed an unregistered trade-mark in the 'LEGO indicia' (the pattern of raised studs) and sued for passing off under s. 7(b) of the Trade-marks Act.

Ritvik challenged the constitutionality of s. 7(b).

The Supreme Court of Canada held that s. 7(b) is intra vires Parliament as a valid exercise of the general trade and commerce power.

However, Kirkbi's passing-off claim was dismissed because the doctrine of functionality bars purely functional designs from being the basis of a trade-mark, whether registered or unregistered.