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TRADE-MARKS - Infringement

Friday, April 06, 2018 @ 8:54 AM  

Appeal by defendants, Bemco, GPAE and Ebert, from a summary judgment declaring them liable for breach of a settlement agreement. The respondent, Mars, was an Ontario corporation that made and sold food products. Bemco and GPAE, were private corporations controlled by the Ebert. Through Bemco and GPAE, the Ebert bought Mars products in the US, imported them to Canada and sold them at a lower price then offered by Mars. In 2006, Mars discovered that Bemco was selling its products in Toronto. It brought an action...