Successfully represented ExxonMobil in a trademark enforcement action before the Federal Court concerning counterfeit engine oil. Smart & Biggar obtained interlocutory and permanent injunctions, as well as a default judgement which declared that both the corporate and personal defendants had infringed ExxonMobil’s rights in the MOBIL trademark, depreciated the goodwill therein, and passed off their goods as and for those of ExxonMobil.
The Defendants were ordered to pay $200,000 in nominal damages and $75,000 in costs. This decision is another important victory for trademark owners and underscores the Federal Court’s readiness to assist trademark owners in combating counterfeiters and protecting consumers.