Tag Archives: Canada

Case of the Day: Halo Creative & Design v. Comptoir Des Indes

The case of the day is Halo Creative & Design Ltd. v. Comptoir Des Indes Inc. (N.D. Ill. 2015). Halo, a Hong Kong firm that designed high-end furniture, sued Comptoir Des Indes, a Québec competitor, for infringement of a US design patent as well as for copyright infringement and trademark infringement and on various other claims. Comptoir moved to dismiss on forum non conveniens grounds in favor of litigation in Canada.
Continue reading Case of the Day: Halo Creative & Design v. Comptoir Des Indes

In re Application of Kegel

The case is In re Application of Kegel (D.N.D. 2014). Adam Kegel was the plaintiff in a class action pending in Montreal, Kegel v. National Bank of Canada. He made an application to the district court in North Dakota under § 1782 for a subpoena to Joseph Kostelecky. The court granted the application, and Kegel apparently obtained the evidence he sought from Kostelecky. Kegel then sought an order declaring that nothing in the court’s prior order or US law would prohibit him from using the evidence in another Canadian case, Goldsmith v. National Bank of Canada, which was an Ontario case that paralleled the Québec case.
Continue reading In re Application of Kegel

Case of the Day: Mitchison v. Zerona International

Letters Blogatory contributor Alejandro Manevich comments on a recent Ontario decision construing the Hague Service Convention to forbid a plaintiff himself to deliver a summons to a defendant in a country that has not objected to service under Article 10(c), even if the plaintiff is a competent person to serve process under the law of the receiving state. This is an interesting problem, and one I hadn’t considered before—the problem can’t really arise in the US courts, where plaintiffs cannot serve process themselves.
Continue reading Case of the Day: Mitchison v. Zerona International