PRACTICE |
Parties |
Mattel, Inc. v. 3894207 Canada Inc.
T-717-02
2002 FCT 919, Blanchard J.
28/8/02
5 pp.
Designation--Appeal from Prothonotary's decision dismissing applicant's motion for order "Mattel Inc." should replace "Mattel, Inc." herein, before Registrar--Appeal dismissed--Applicant arguing Prothonotary erred in law in dismissing applicant's motion, concluding relief not available by way of interlocutory motion--Remedy sought in nature of declaration correcting alleged misnomer of opponent's name before Registrar of Trade-marks--Such remedy in nature of extraordinary remedy provided for in Federal Court Act, s. 18(1), obtained only on application for judicial review made under Act, s. 18.1--No application for judicial review herein --Main application appeal under Trade-marks Act, s. 56--Extraordinary remedy sought cannot be properly characterized as interim relief, purpose of which to preserve or restore status quo--Prothonotaries' discretionary orders ought not to be disturbed on appeal unless wrong, in sense exercise of discretion based upon wrong principle or misapprehension of facts, or raised questions vital to final issue of matter--Order not clearly wrong--Prothonotary did not err in exercise of discretion based on wrong principle or misapprehension of facts--Court would have exercised discretion in same manner as Prothonotary--Federal Court Act, R.S.C., 1985, c. F-7, ss. 18(1) (as am. by S.C. 1990, c. 8, s. 4), 18.1 (as enacted idem, s. 5)--Trade-marks Act, R.S.C., 1985, c. T-13, s. 56.