Decommodification LLC v. Burn BC Arts Cooperative, 2015 FC 42 (Hughes, J.)
January 13, 2015
Kevin Sartorio and James Green for the Applicants
No-one for the Respondent
Since as early as 1986, the Plaintiffs organized and conducted an annual event known as the Burning Man event, which was a combination art festival, social event and experiment in community living. The trade-marks “Burning Man” and “Decompression” became well known in association with this annual event, and were licensed to others for the conduct of similar events. The events were well-publicized and widely attended by Canadians.
Since about 2009, the Defendant, Burn BC Arts, started to organize similar events in Canada. It used the words “Burning Man,” “Burn BC” and Decompression in association with such activities, without license or permission from the Plaintiffs. The Plaintiffs sued.
Burn BC Arts failed to appoint a lawyer and filed no defence. The Plaintiffs brought a motion ex parte for default judgment. Citing Rule 210 of the Federal Courts Rules, Justice Hughes acknowledged that the plaintiff was entitled to move for default judgment, as long as its allegations were supported by affidavit evidence. He found a likelihood of confusion contrary to the provisions of section 7(b) of the Trade-marks Act. In the absence of any specific evidence about damages, an award of $10,000 was made, partially, the judge wrote, to deter others.
By: Ruth M. Corbin, CorbinPartners Inc.