SUPREME COURT Of BRITISH COLUM@JA NO. VANCOUVER REGISTRY VANCOUVER IN THE SUPREME COURT OF BRITISH COLUMBIA Ell: UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION PLAINTIFF AND: SHARYN SIGURDUR, KELSEY SIGURDUR, JOHN DOE AND JANE DOE carrying on business under the firm name and style of MEMBERS FOR DEMOCRACY, AND THE SAID MEMBERS FOR DEMOCRACY DEFENDANTS WRIT OF SUMMONS Name and address of each Plaintiff- United Food and Commercial Workers International Union c/o Taylor Veinotte Sullivan Barristers Suite 301 Yaletown Centre 1040 Hamilton Street Vancouver, B.C. V6B 2R9 Name and address of each Defendant: Sharyn Sigurdur and Kelsey Sigurdur Address Removed Members for Democracy Address Removed John Doe and Jane Doe Addresses unknown ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. To the Defendants: Sharyn Sigurdur, Kelsey Sigurdur, John Doe and Jane Doe carrying on business under the firm name and style of Members for Democracy, and the said Members for Democracy 011862.01\0052 2 - TAKE NOTICE that this action has been commenced against you by the Plaintiff for the claim(s) set out in this writ. IF YOU INTEND TO DEFEND this action, or if you have a set-off or counterclaim which you wish to have taken into account at the trial, YOU MUST: (a) GIVE NOTICE of your intention by filing a form entitled "Appearance" in the above registry of this court within the Time for Appearance and YOU MUST ALSO DELIVER a copy of the Appearance to the Plaintiff s address for delivery, which is set out in this writ; and (b) if a statement of claim is provided with this writ of summons or if later served on or delivered to you, FILE a Statement of Defence in the above registry of this court within the Time for Defence provided for below and DELIVER a copy of the Statement of Defence to the Plaintiff s address for delivery. YOU OR YOUR SOLICITOR may file the Appearance and the Statement of Defence. You may obtain a form of Appearance at the registry. JUDGMENT MAY BE TAKEN AGAINST YOU IF: (a) YOU FAIL to file the Appearance within the Time for Appearance provided for below; or (b) YOU FAIL to file the Statement of Defence within the Time for Defence provided for below. TIME FOR APPEARANCE If this writ is served on a person in British Columbia, the time for appearance by that person is 7 days from the service (not including the day of service). If this writ is served on a person outside British Columbia, the time for appearance by that person, after date of service, shall be 21 days in the case of a person residing anywhere within Canada, 28 days in the case of a person residing in the United States of America, and 42 days in the case of a person residing elsewhere. TIME FOR DEFENCE A Statement of Defence must be filed and delivered to the Plaintiff within 14 days after the later of. 011862.01\0052 3 - (a) the time that the Statement of Claim is served on you (whether with this Writ of Summons or otherwise) or is delivered to you in accordance with the Rules of Court; and (b) the end of the Time for Appearance provided for above. (1) The address of the Registry is: The Law Courts 800 Smithe Street Vancouver, British Columbia V6Z 2El (2) The address for delivery is: Suite 301 Yaletown Centre 1040 Hamilton Street Vancouver, British Columbia V6B 2R9 (3) Name and office address of Plaintiff s solicitor: Taylor Veinotte Sullivan Barristers Suite 301 Yaletown Centre 1040 Hamilton Street Vancouver, British Columbia V6B 2R9 Attention: Robert W. Tqylor The Plaintiff s claim is as set out in the attached Statement of Claim. PLACE OF TRIAL: Vancouver, British Columbia FebruM 19, 2002 Dated r for the Plaintiff, United Food mercial Workers International Union This WRIT OF SUMMONS was prepared by Robert W. Taylor of the law finn of Taylor,Veinotte, Sullivan, Barristers, Suite 301 Yaletown Centre, 1040 Hamilton Street, Vancouver, British Columbia, Canada, V6B 2R9, Telephone: (604)-687-7007, 01 1862.01\0052 NO. VANCOUVER REGISTRY IN THE SUPREME COURT OF BRITISH COLUMBIA BETWEEN: UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION PLAINTIFF AND: SHARYN SIGURDUR, KELSEY SIGURDUR, JOHN DOE AND JANE DOE carrying on business under the firm name and style of MEMBERS FOR DEMOCRACY, AND THE SAID MEMBERS FOR DEMOCRACY DEFENDANTS STATEMENT OF CLAIM 1. The Plaintiff, United Food and Commercial Workers International Union ("UFCW"), is an international trade union, with an office at 61 International Boulevard, Suite 300, Rexdale, Ontario. 2. The Defendant, Sharyn Sigurdur, is a businesswoman, who resides at BLAHBLAHBLAH British Columbia. 3. The Defendant, Kelsey Sigurdur, is a businessman, who resides at BLAHBLAHBLAH British Columbia. 4. The Defendants, John Doe and Jane Doe, are persons, whose names and identities are presently unknown to the UFCW, who have participated with the Defendants, Sharyn Sigurdur and Kelsey Sigurdur, in the conduct set out below. 5. The personal Defendants, and each of them, carry on business under the firm name and style of the Defendant, Members For Democracy ("MFD"). 01 1862.01\0032 -2- 6. The UFCW carries on business throughout Canada and the United States of America, and in particular, in the Province of British Columbia. 7. The UFCW has approximately 738 affiliated local unions throughout North America which represent approximately 1,400,000 workers. LJFCW Locals 1518, 777, and 2000 are certified to represent workers in the Province of British Columbia. 8. The UFCW, both directly and through its affiliated locals, provides numerous services and benefits to its members, including: (a) assisting local unions to improve wages, benefits and working conditions; (b) assisting local unions to administer and monitor collective bargaining agreements; (c) assi sting in administering member benefit plans and member education programs. 9. The UFCW provides information and services to prospective members, and shares infon-nation with the labour movement generally, including: (a) through the Worker Advocacy Project, assisting non-unionized workers to pursue their rights; (b) organizing workers to provide the benefits of union membership; (c) working with religious, citizen action, civil rights, seniors, women's organizations and similar community groups to form coalitions to protect workers' rights; (d) through the UFCW Minority Coalition, developing a unified voice, and promoting diversity and inclusion within the labour movement; (e) participating in numerous labour related and AFL-CIO affiliated groups. 10. The UFCW has been carrying on business under its current name continuously since in or about June, 1979 and has been using the acronym "UFCW" continuously since that time. 01 1862.01\0032 -3- Commencing in or about 1996, the UFCW began operating websites. Each of the UFCW's principal websites is accessed by a universal resource locator ("LTRL") which utilizes the acronym "ufcw". The UFCW's principal websites have the following LJRLS: (a) www.ufcw.com (b) www.ufcw.org (c) www.ufcw.ca (Canada) 12. In addition to websites operated directly by. the UFCW, many UFCW locals maintain websites relating to their business and affairs. The websites operated by LJFCW locals also utilize the acronym "ufcw" in their LTRLS. The websites operated by British Columbia UFCW locals have. the following LTRLS: (a) www.ufcwl5l8.com; (b) www.ufcwlocal2OOO.bc.ca 13. In or about November, 1999, the Defendants, and each of them, began operating and maintaining a website (the "MFD Website") headed "THE UNITED FOOD & COMMERCIAL WORKERS UNION, MEMBERS FOR DEMOCRACY" using the URL 4 4www.ufcw.net". The meta tag for the MFD Website was "UFCW LOCAL 1518 Members For Democracy". 14. In or about July, 2001, the heading of the MFD Website was chanced to "UFCW, MEMBERS FOR DEMOCRACY". The URL and meta tag remained the same. 15. The MFD Website is not aproved by or affiliated with the LTFCW or any local of the UFCW. 16. The Defendants have not obtained the consent or authorization of the UFCW, or any local of the UFCW, to use the UFCW's name or acronym in connection with the MFD Website. 01 1862.01\0032 -4- 17. The content posted on the MFD Website is critical of the union movement generally and of the UFCW and its affiliated locals, and their executive members and employees. 18. Further, many of the postings on the MFD Website are defamatory of the UFCW and its affiliated locals, and their executive members and employees. 19. By letter dated August 1,2001, the UFCW, and UFCW Locals 777, 2000, and 1518, demanded: (a) that the Defendants immediately change the URL for the MFD Website to a URL which does not contain the UFCW's name, or acronym, or any similar variations thereof, (b) that.the Defendants immediately remove from the MFD Website any reference to an affiliation with UFCW Local 1518, including all references to the UFCW or any locals of the UFCW in the meta tags associated with the MFD Website; (c) that the Defendants immediately delete from the MFD Website any reference to the UFCW which might indicate an affiliation with or other association with the UFCW, including the words "United Food & Commercial Workers Union" or the acronym "LTFCW"; (d) that the Defendants immediately delete and cease publication, and refrain from any future publication, of any defamatory material regarding the UFCW, its various locals, or the executive members and employees of the LTFCW and its locals. 20. The Defendants, and each of them, refused, failed or ne-lected to comply with the t) aforesaid demands, although subsequently the heading of and meta tag for the MFD website was changed to "MEMBERS FOR DEMOCRACY". The URL for the MFD Website remains "www.ufcw.net". 01 1862.01\0032 -5- 21. The Defendants' use of the UFCW's name and acronym in connection with the MFD Website, and in particular,in the manner described in paragraphs 14, 15, and 20 above, was and is calculated to cause and is likely to cause confusion between the MFD Website and the websites operated by the LJFCW and its affiliated locals. In so doing, the Defendants, and each of them, are passing off on the goodwill of the UFCW and its affiliated locals, and are passing off the MFD Website as and for a website operated by the UFCW and its affiliated locals or as being authorized, sanctioned or affiliated with the UFCW and its affiliated locals. 22. The conduct of the Defendants, and each of them, described above was and is intended to cause injury and damage, has caused injury and damage, and is likely to cause further injury and damage to the UFCW and its affiliated locals. The Plaintiff, Unit6d Food and Commercial Workers International Union, claims as follows: (a) a declaration that the Defendants' use of the UFCW's name or acronym or any similar variations thereof in connection with the MFD Website constitutes passing off, (b) an interim, interlocutory and permanent injunction restraining the Defendants, and each of them, by themselves, or by their servants, agents or otherwise, from using the UFCW's name or acronym in connection with the MFD Website or any website without the approval and consent of the UFCW, and in particular, from using the URL "www.ufcw.net" or any similar LTRL or the UFCW's name, or the name of any UFCW local in the meta tags for the MFD Website or any other website without the approval and consent of the UFCW; (c) general damages; (d) aggravated, exemplary and punitive damages; (e) interest pursuant to the Court Order Interest Act; 01 1862.01\0032 -6- special, or in the alternative, increased costs; and (g) such further and other relief as this Honourable Court may deem just. Place of trial: VANCOUVER, BRITISH COLUMBIA FebruaKy 2002 Dated for the Plaintiff This STATEMENT OF CLAIM is filed and delivered by the law firm of Taylor, Veinotte, Sullivan, Barristers, (Attention: Robert W. Taylor) Solicitors for the Plaintiff herein, whose place of business and address for delivery is Suite 301 Yaletown Centre, 1040 Hamilton Street, Vancouver, British Columbia, V6B 2R9. Telephone: (604) 687-7007, Facsimile: (604) 687-7384. 01 1862.01\0032 No. Vancouver Registry IN THE SUPREME COURT OF BRITISH COLUMBIA BETWEEN: UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION PLAINTIFF AND: SHARYN SIGURDUR ET AL. DEFENDANTS WRIT OF SUMMONS AND STATEMENT OF CLAIM TAYLOR VEINOTTE SULLIVAN Barristers Suite 301 Yaletown Centre 1040 Hai-nilton Street Vancouver, British Columbia V6B 2R9 Attent.ion- R.Obert W. T@ylor (Telephone: (604) 687-7007) RWT 011862.001