9176-7277 Québec inc. c. 9161-0907 Québec inc., 2026 QCCS 3184
2026-07-07
Read full decision. Summary prepared by Alan Macek:
"The applicants seek an interlocutory injunction ordering the defendants to immediately cease all use of the trademark, trade name and any designation including the words "Go Cube", "Go Cube Québec", or any expression likely to cause confusion with the trademark used by the applicants in the field of mobile storage. ... The applicants meet the three (3) criteria required for the reasons set out below. The Court partially grants the applicants' application for an interlocutory injunction. ... The Go Cube trademark was federally registered in 2007 and cancelled in 2022 for failure to renew. However, cancellation of a registration does not terminate the actual use of a trademark, nor necessarily the goodwill and rights acquired through its continued use. ... Such confusion risks leading to a loss of customers, a dilution of goodwill, and a depreciation of the reputation associated with the brand. These consequences are difficult to measure precisely and are likely to constitute serious, if not irreparable, harm." (based on a translation)