LGLS 3530U Lecture Notes - Lecture 2: Malletier, Burberry, Markham, Ontario
Louis Vuitton Malletier S.A. v. Singga Enterprises (Canada) Inc. (2011 FC 776)
1. Please summarize the facts and the issues of the case.
The fashion houses had filed suit last year against Singga Enterprises Inc., and Carnation Fashion
Company, both based in Burnaby, B.C., Altec Productions, based in Markham, Ontario, and the
respective owners and operators, importers, distributors and online sellers of each company. The
plaintiffs claimed that Singga, Carnation and Altec had been selling fake Vuitton and Burberry
handbags, along with other "fashion accessories," either online or in stores since January 2008.
2. Who are the rights holders in this case? What rights do the rights-holders possess
according to the Trade-marks Act and the Copyright Act?
Under copyright law copyright owners also have the exclusive right to prepare derivative works
based upon the work as well as the right to:
▪ Distribute copies or phonorecords of the work to the public by sale or other transfer of
ownership, or by rental, lease, or lending.
The trademark distinguishes and authenticates a product of a particular manufacturer from
similar products offered by others. The owner of a Trademark has the right to prevent others
from using the same or similar trademark on their products.
3. What are the remedies available to the plaintiff according to the Trade-marks Act and the
Copyright Act?
The remedies for passing off are the same as those for having a confusingly similar mark. A
party who engages in these torts faces a number of liabilities, including:
• An interim/interlocutory injunction
• A permanent injunction
• Damages or an accounting of profits
• Legal costs
• Pre- and post-judgment interest*
• Peasonable compensation for pre-grant sales
• Delivery of and destruction of infringing advertising materials
4. What factors are relevant (if any) in the court's assessment of the statutory damages for
copyright infringement?
The depreciation of goodwill indirectly results in lost sales of legitimate merchandise bearing
the Louis Vuitton or Burberry Trade-marks. The second aspect of damages reflects the lost sales
of the Plaintiffs due to the Defendants’ activity that would have been made by the Plaintiffs, an
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Document Summary
Louis vuitton malletier s. a. v. singga enterprises (canada) inc. (2011 fc 776: please summarize the facts and the issues of the case. The fashion houses had filed suit last year against singga enterprises inc. , and carnation fashion. Company, both based in burnaby, b. c. , altec productions, based in markham, ontario, and the respective owners and operators, importers, distributors and online sellers of each company. The trademark distinguishes and authenticates a product of a particular manufacturer from similar products offered by others. The owner of a trademark has the right to prevent others from using the same or similar trademark on their products: what are the remedies available to the plaintiff according to the trade-marks act and the. The remedies for passing off are the same as those for having a confusingly similar mark. The depreciation of goodwill indirectly results in lost sales of legitimate merchandise bearing the louis vuitton or burberry trade-marks.
