JUDGMENT

Kenneth St James JC:

A. Prelusion

[1] In the process of Discovery, how many and what kind of documents must a party disclose? And should the trial of a Writ action be bifurcated?

B. Key Asserted Facts

[2] This is a trade mark infringement and passing off action. The plaintiff (RCB) sells clothing and clothing accessories. They do so with the following trade mark, which I will call the 'RCB Polo Club Mark':

[3] Note that the RCB Polo Club Mark contains the image of a polo player and the words 'Milano Polo Club Marks'.

[4] RCB pleads that they have the exclusive rights to use the RCB Polo Club Mark. They aver that they have expended much money to promote it. They assert that because of their promotion and advertisement of the RCB Polo Club Mark, they have acquired and generated substantial goodwill in the mark.

[5] The defendant (Milano) is a wholesaler and retailer of clothing and fashion wear. Their products bear the following marks, which I will refer to as the 'Milano World Marks':

[6] Note that the Milano Word Marks contain only the words 'CLUB' and 'MILANO'.

[7] RCB submits that it is visually obvious that the two respective sets of marks-the 'RCB Polo Club Mark' and the 'Milano