The Federal Court of Appeal dismissed an appeal and upheld the trial judge’s finding that a copyright and trademark action should be stayed in favour of arbitration. The plaintiff and defendants had entered into a licensing agreement that included an arbitration clause that any dispute would be settled by an arbitration in Bermuda under the law or Bermuda. Notably, the Court held the defendants had not attorned to the jurisdiction of the Court even thought they had filed a defence in the action before seeking a stay.
General Entertainment and Music Inc. v. Gold Line Telemanagement Inc., 2023 FCA 148