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Default judgment granted enjoining the Defendant from infringing Apple's registered trademarks.
The Plaintiff, Apple Inc., brought an ex parte motion for default judgment against the Defendant for trademark infringement and importing counterfeit merchandise.
The Court found the Defendant had imported and sold goods bearing confusing marks without consent, thereby infringing the Plaintiff's registered trademarks.
The motion was granted, and an injunction was issued restraining the Defendant from dealing in such merchandise.
Appeal allowed; Master erred in striking pleadings regarding landlord's knowledge of counterfeit sales at flea market.
The plaintiffs appealed a Master's order striking out four paragraphs of their Statement of Claim.
The paragraphs alleged that the defendant landlords had general knowledge that counterfeit merchandise was being sold at their flea market.
The Master struck the paragraphs under Rule 25.11, finding them irrelevant and scandalous.
The Superior Court allowed the appeal, holding that the law on a landlord's vicarious liability for tenants selling counterfeit goods is unsettled, and it was an error to strike potentially relevant material facts at the pleadings stage.
