Piscines Nautika inc. c. Fibre Design inc., 2017 QCCS 2990


Read full decision. Summary prepared by Alan Macek:

The plaintiff sought an interim injunction to stop the sale of swimming pools it alleged that correspond to the swimming pools manufactured by the plaintiff and listed in its advertisements. While the court found the pools very similar, the plaintiff had no trademark or patent rights in the pool designs. The court considered passing off and determined the plaintiffs to be doubtful because of the consumer would be careful as to who they were dealing. The Court also found there was no urgency as the activity complained of was from 2016 and early 2017 and that the lost sales could be readily determined from the defendant's sales records so would not be irreparable. The request for an interim injunction was dismissed. (Based on a translation)


Canadian Intellectual Property