Dairy Queen Canada, Inc. v. M.Y. Sundae Inc., 2017 BCSC 358


Read full decision. Summary prepared by Alan Macek:

This summary trial related to the termination of a Diary Queen franchise including the continued use of Dairy Queen names and trademarks. Regarding the claim of passing off, the defendants acknowledged the plaintiff's goodwill and that they continued to operate the DQ Grill & Chill, including selling products representative of a Dairy Queen franchise. The Court found that the defendants' conduct interfered with the plaintiff's goodwill and drew an inference of damage as a result but found damages less than the plaintiff's claimed because the defiance was for a shorter period of time.


Canadian Intellectual Property