Decision

Zorah Bio Cosmetics Inc. c. 7774672 Canada Inc., 2017 QCCS 5436

2017-11-28

Read full decision. Summary prepared by Alan Macek:

The court granted an interim injunction against a defendant based on passing off, relating to the marketing of cosmetic and body care products under the name "France D’Amour bio love". The Court found that there was urgency because the defendant's product had just entered the market, that there was a prima facie right and confusion. On irreparable harm, the court found that where there was loss of customers, there is usually irreparable harm, particularly for trademark injunction. (Summary based on a translation)

 

Canadian Intellectual Property