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Gardium Sécurité, Inc. v. Gardium Security Services Ltd.
canada, canadian, case law, court opinion, canlii, fct, 2026canlii96349, 2026 canlii 96349 (fc), 2026, canlii, 96349, (fc), t-1878-26, 2026, intellectual property, trademarks, pleadings in trademark infringement action, motion to compel particulars and strike portions of defence and counterclaim, concurrent use pleaded under trademarks act s. 21(1), registered mark pleaded as fewer than five years old, paragraphs 37, 40 and 45(c) struck, procedure, motions, rule 369 motion heard in writing, whether an oral hearing is required where respondent requests it, court discretion under federal courts rules, subrule 369(4), fairness satisfied by written submissions, oral hearing not ordered, motion decided in writing, procedure, pleadings, particulars, whether particulars should be ordered for paragraphs 29, 30 and 33 of the defence and counterclaim, material facts pleading standard, mancuso v canada (national health and welfare), purpose of particulars distinguished from discovery, particulars refused, motion otherwise dismissed, statutory interpretation, trademarks act, concurrent use, whether s. 21(1) applies where registration is not entitled to s. 17(2) protection, plain meaning of five, year condition precedent, no discretion to reduce five, year period, concurrent use claim has no prospect of success, paragraphs struck, procedure, motions to strike, leave to amend, whether paragraphs should be struck without leave to amend, plain and obvious test, r v imperial tobacco canada ltd, atlantic lottery corp inc v babstock, defect fundamental and not curable by drafting, no leave to amend, paragraphs struck without leave to amend
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