Indigo Books & Music Inc. v. John Doe 1 Et AL., 2024 FC 1683
Justice Fuhrer - 2024-10-23
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In this Federal Court decision, a major Canadian book and retail company sought an interlocutory domain blocking order against unknown defendants operating websites and social media platforms accusing it of killing children, and directing customers to competitors. The plaintiff held registered trademarks and copyright in its children's brand logo, which the defendants were allegedly reproducing without authorisation. The court applied the three-part test for interlocutory injunctive relief, finding serious issues of trademark infringement and copyright violation, irreparable harm to the plaintiff's reputation, and a balance of convenience favouring the order. The court also assessed the Cartier factors to confirm the order was proportionate and just. The court granted a two-year DNS-based domain blocking order requiring five major Canadian internet service providers, representing approximately 90% of Canadian subscribers, to block access to the infringing domains. Social media accounts could not be blocked through this mechanism. Costs were awarded to the plaintiff.
Decision relates to:
- T-2304-24 - INDIGO BOOKS & MUSIC INC. v. JOHN DOE 1 dba INDIGO KILLS KIDS ET AL