The International Trademark Association (ITA) brought a motion to intervene in an appeal regarding an interlocutory injunction restraining the use of a disputed trademark.
The ITA sought to make submissions on the meaning and effect of recent amendments to Canada's trademark legislation.
The court dismissed the motion, finding that the ITA's proposed arguments focused on the final disposition of legal questions that would be decided at trial, rather than the test for an interlocutory injunction which was the subject of the appeal.
The court concluded the intervention would distract rather than assist the appeal court.
