Intellectual Property Weekly Abstracts Bulletin - Week Of March 5, 2012

Edited by Chantal Saunders and Beverley Moore

OTHER CASES OF INTEREST

Security for Costs Must Take into Account Offers to Settle
Bodum USA, Inc v. Trudeau Corporation (1889) Inc.

The present motion relates to security for costs in the context of an action for passing off and for infringement of two industrial designs. The Prothonotary had ordered the Plaintiffs to pay security for costs in the amount of $55,000 and the Defendants appealed that order.

The Motions Judge granted the appeal, holding that the Prothonotary had erred in concluding that Rule 420(2) of the Federal Court Rules regarding taxable steps taken after a written offer to settle, was not applicable. The Court held that the Defendants had indeed made an offer to settle that met all of the requirements of the rule and that the rule should be taken into account when considering the amount of security for costs. Thus the Court required the Plaintiffs to deposit an additional $20,000 as the