Fonds GB c. 9451-3082 Québec Inc., 2024 QCCS 1122
2024-03-27
Read full decision. Summary prepared by Alan Macek:
Fonds GB seeks an interlocutory injunction enjoining 9451-3082 Québec Inc. from using the trade name and trademark “Café Constance” to operate a café or a similar restaurant business, and from using the domain name cafeconstance.ca, the Gmail address @cafeconstance.ca, as well as the Facebook, Instagram and LinkedIn pages for “Café Constance”, until a decision is rendered on the merits of its application for a declaratory judgment and permanent injunction. ... The Court will grant Fonds GB’s application for an interlocutory injunction. ... While both parties would suffer serious prejudice if the other one uses the name, the balance of inconvenience favours Fonds GB, whose use of the name “Café Constance” relates to a longstanding project to operate a café in the building that houses Les Grands Ballets Canadiens, named in honour of its patron, Mrs. Constance Pathy. (based on a translation)