This is a trademark case regarding the plaintiff’s YELLOW TAIL & KANGAROO DESIGN. Constellation Brands brought two interlocutory motions before the Federal Court. First was an appeal from an order (2015 CF 263) requiring its representative to answer certain questions put to him on discovery. Second was a request for a bifurcation order to proceed on the merits only, with a subsequent reference for damages or profits if necessary.
The Court declined to overturn the first order, as it was a discretionary order that was not clearly wrong, and the result would have been the same even if it were to be considered de novo. The questions dealt with profits and expenses, and the provenance of the grapes used to make the defendant’s wines. As for bifurcation, examinations for discovery were almost complete and the plaintiff had yet to elect for either an accounting of profits or damages. The Court was therefore not prepared to bifurcate at this time.