By "Application" in this question, we assume what is meant is an application for the temporary detention of infringing goods under Section 53.1 of the Trade-marks Act or Section 44.1 of the Copyright Act. In the Federal Court, such applications would be commenced by notice of motion served on the defendant, although they may also be initiated on an ex parte basis, where appropriate. In support of such applications would ordinary be filed a certificate of registration of the trademark or copyright, as well as an affidavit which compared the trademark or copyrighted work with the infringing product, where the infringement was self-evident. Where the infringement was not obvious, however, expert testimony may be required. In addition, evidence of the imminent importation of the infringing product would ordinarily be required.
