APPLE INC. Plaintiff v. Abdul Waseah, 2021 FC 542

Date: 20210603 Docket: T-409-20 Citation: 2021 FC 542 Ottawa, Ontario, June 3, 2021 PRESENT: The Honourable Mr. Justice Ahmed BETWEEN: APPLE INC.

Plaintiff and Abdul Waseah OPERATING AS MOBILE Q Defendant ORDER AND REASONS UPON CONSIDERING the Plaintiff’s ex parte mo t ion for default judgment again s t the Defendant, brought pursuant to Ru l es 210 and 369 of the Federal Courts R ules , SOR/98-106 ( " “ Rules ” " ); AND UPON BEING S AT I SFIED that the Defendants have failed to ser v e and file a Sta t emen t o f Defen c e within the time set ou t in Rule 204 of the Rules ; AND UPON REVIEWING the eviden c e and s ubmissions of t he Plaintiff; THE COURT ORDERS THAT the Plaintiff’s motion for default judgment is granted. [ 1 ] I find the following Canadian registered trademarks are owned by the Plaintiff (collectively, the " “Subject Trademarks” " ) : (a) ( APPLE DESIGN ) (TMA690,668); (

b) AIRPODS (TMA989,948); and (c) 5W USB Power Adapter (TMA1,066,319). [ 2 ] I find the Defendant, without the consent, license or permission of the Plaintiff, imported into Canada and sold goods bearing marks that a casual consumer somewhat in a hurry would likely confuse for t he Subject Trademarks ( Veuve Clicquot Ponsardin v Boutiques Cliquot Ltée , 2006 SCC 23 at para 20 ).

Considering the factors enumerated under subsection 6(5) of the Trademarks Act , RSC 1985, c T-13 (the " “ Act ” " ) , I find the Defendant has infringed the exclusive rights of the Plaintiff to the use in Canada of the Subject Trademarks, contrary to sections 19 and 20 of the Act . In addition, I find the Defendant has imported into Canada counterfeit Apple merchandise, contrary to

section 51.03 of the Act . [ 3 ] In light of the above determinations, I order that the Defendant is restrained from offering for sale, importing, displaying, advertising, selling, manufacturing, distributing, or otherwise dealing in merchandise not being that of the Plaintiff, bearing one or more of the Subject Trademarks. ORDER AND REASONS IN T-409-20 THIS COURT ORDERS that: 1 . The Plaintiff’s motion for default judgment is granted. 2 .

The Defendant is restrained from offering for sale, importing, displaying, advertising, selling, manufacturing, distributing, or otherwise dealing in merchandise not being that of the Plaintiff, bearing one or more of the Subject Trademarks. “Shirzad A.” Judge

FEDERAL COURT SOLICITORS OF RECORD Docket: T-409-20 STYLE OF CAUSE: APPLE INC. v ABDUL WASEAH OPERATING AS MOBILE Q PLAINTIFF’S EX PARTE MOTION IN WRITING PURSUANT TO RULE 369 OF THE FEDERAL COURTS RULES ORDER AND reasons: AHMED, J. DATED: June 3, 2021 WRITTEN SUBMISSIONS BY : Lorne M. Lipkus David S. Lipkus FOR THE PLAINTIFF SOLICITORS OF RECORD : Kestenberg Siegal Lipkus LLP Toronto, Ontario For The PLAINTIFF