|
''Pro Swing Inc v Elta Golf Inc'' 2006 SCC 52 is a leading Canadian case decided by the Supreme Court of Canada on conflict of laws. The Court held that foreign non-monetary judgments may be enforced in Canada where they have been rendered by a court of competent jurisdiction, the rendering is final, and the nature of the judgment is such that comity requires it to be enforced. ==Background== Pro Swing is a US company that sells golf equipment under the "trident" trade-mark. Elta Golf is an Ontario company that sells golf equipment that includes products with a trade-mark similar to that of the "trident". Pro Swing sued for trade-mark infringement in Ohio. A settlement was reached which ordered Elta Golf to refrain from selling any products with the trident logo. In 2002, Pro Swing filed to an Ohio court for contempt of court for Elta's breach of the settlement. The court granted the order. Pro Swing then filed in the Ontario Superior Court of Justice for enforcement of the order. The motions judge found that the non-monetary order was valid, but found certain parts duplicative and had them severed from the order. On appeal to the Court of Appeal for Ontario, the court found that the order was unenforceable due to ambiguity in the order regarding its scope of application. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Pro Swing Inc v Elta Golf Inc」の詳細全文を読む スポンサード リンク
|