Notice of Motion: Opening the Door for Other Relief

In 2020, Energizer Brands, LLC v Gillette Co, 2020 FCA 49, was the subject of much attention for narrowing the test for depreciation of goodwill in comparative advertising. Perhaps overshadowed by the development in trademark law, a new concept in civil procedure went somewhat unnoticed. In the Energizer Brands decision, the Federal Court of Appeal [...]