This was a motion for default judgment in a trade-mark infringement proceeding. A Statement of Defence and Counterclaim (the “Defence”) was prepared in fact, but never served. The Defendants ultimately sought leave to file the Defence, but that motion was dismissed. Prior to this motion, counsel for the Plaintiff was contacted by new Defendants’ counsel in an attempt to achieve a settlement, but none resulted.
The Court held that the intervention of new counsel added nothing to the process, and that the Plaintiff clearly established that the Defendants were in default. The Court found that the Plaintiff provided prima facie evidence of its claim and provided a sufficient basis for the calculations of damages and other relief pleaded. On that basis, the Court granted default judgment to the Plaintiff.