Date: 19980616
Docket: T-96-98
BETWEEN:
A & E TELEVISION NETWORKS
Plaintiff
- and -
ALLIANCE COMMUNICATIONS CORPORATION
Defendant
REASONS FOR ORDER
GILES, A.S.P.
1 On June 9, 1998, I struck paragraphs 20 and 23E from the statement of claim, thus, eliminating a claim for punitive damages based on the defendant's conduct. The following day, counsel for the plaintiff asked for written reasons. I had given reasons from the Bench and did not summarize them in an extended endorsement when signing my order. I sometimes follow that practice when signing an order which terminates all or part of an action because an appeal is heard de novo in such a case and my reasons cannot be material to any appeal. In case I am wrong in concluding, that I have made a final order with regard to punitive damages, the following are briefly my reasons.
2 The claim here involves passing off by use of the words "Biography Television" alleged to misappropriate the plaintiff's marks "Biography", "Biography and Design", "Biography: This Week" and "Biography: Every Life Has a Story". Section 20 of the claim alleges that by seeking a licence for "History and Entertainment Network", the defendant had attempted to misappropriate the plaintiff's trade-marks and name "Arts and Entertainment Network" and "The History Channel" and more recently had sought a licence for "History Television". Section 23(e) seeks punitive damages for the defendant's flagrant and repeated infringement of the plaintiff's intellectual property rights referring back to Section 20. Because there is no direction connection between the two cases and punitive damages are only awarded in respect of conduct in relation to the matter being litigated, I struck the paragraphs.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
June 16, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-96-98
STYLE OF CAUSE: A & E TELEVISION NETWORKS
- and -
ALLIANCE COMMUNICATIONS CORPORATION
CONSIDERED AT: TORONTO, ONTARIO
REASONS FOR ORDER BY: GILES, A.S.P.
DATED: JUNE 16, 1998
APPEARANCES:
Mr. David Allsbrook
For the Plaintiff
Mr. Brian D. Edmonds
For the Defendant
SOLICITORS OF RECORD:
Fasken Campbell Godfrey
Toronto Dominion Bank Tower
Toronto-Dominion Centre
Toronto, Ontario
M5K 1N6
For the Plaintiff
McCarty Tetrault
Suite 4700
Toronto Dominion Bank Tower
Toronto-Dominion Centre
Toronto, Ontario
M5K 1E6
For the Defendant
FEDERAL COURT OF CANADA
Date: 19980616
Docket: T-96-98
Between:
A & E TELEVISION NETWORKS
Plaintiff
- and -
ALLIANCE COMMUNICATIONS
CORPORATION
Defendant
REASONS FOR ORDER
AND ORDER