Tele-Direct ( Publications ) Inc. v. Canadian Business Online Inc.
T-1340-97
Teitelbaum J.
15/9/98
25 pp.
Plaintiff owning trade marks in Canada for "Yellow Pages", "Pages Jaunes", "Walking Fingers" (word and design)-Such trade marks in public domain in United States of America-Defendant Canadian Business Online (CBO) maintaining web site entitled "Canadian Yellow Pages on the Internet" along with representation of "Walking Fingers" logo-Statement of claim alleging trade-mark infringement-Several interim injunctions granted before Joyal J. issuing interlocutory injunction September 17, 1997-Injunctive orders properly served on defendants CBO, Klimchuk-Defendants having full knowledge of injunctive orders-Defendants ordered to show cause why contempt of Court should not be found against them for disobeying Court orders by using, assisting another to use trade-marks, failing to deliver up all wares, copies of purchase orders-Defendants' counsel's statement nothing delivered up because nothing to deliver up taken as admission nothing "delivered up"-Defendants guilty of contempt for failing to "deliver up"-Klimchuk assisted Canadian Yellow Pages on the Internet Inc. (CYPI) to illegally use Tele-Direct trade-marks, and continuing to do so as present officers of CYPI either Klimchuk's attorney's or agents-Defendants, Canadian Advertisers Network LLC guilty of disobeying interlocutory injunction orders-As to whether Federal Court having jurisdiction as relating to CYPI, Canadian Advertisers Network LLC, both U.S.-based corporations, Federal Court may not have jurisdiction over U.S.-based companies, individuals, but does have jurisdiction to find companies, individuals guilty if, after having knowledge of Federal Court orders, acting in such manner as to disobey orders-Evidence showing U.S. based companies, controlled either by Klimchuk or by persons acting for him, purposely targetting Canada with use of plaintiff's trade marks, i.e. American companies knowingly using plaintiff's "Yellow Pages" and/or "Walking Fingers" trade-marks on internet site, and purposely attempting to find customers by using plaintiff's trade-marks in Canada-Defendants cannot do by back door what cannot do by front door, i.e. attempt, by using U.S.-based corporations to use, in Canada, plaintiffs' registered trade-marks-Defendants' guilt established beyond any reasonable doubt.