Corus Radio Inc v Harvard Broadcasting Inc, 2019 ABQB 880


Read full decision. Summary prepared by Alan Macek:

Corus bring an application for an interlocutory injunction to restrain Harvard Broadcasting Inc. for, amongst other things, using the POWER 107 name or logo in its radio broadcasting business. … The continued use by Harvard of the POWER 107 name will narrow any remaining opportunity that Corus has to re-enter the market relying on its goodwill and the reputation on which it is entitled to trade. So long as and for as long as Harvard is in the market as POWER 107, Corus cannot deploy its asset, being the goodwill it holds in its brand and reputation. The injury to Corus from Harvard’s actions extends beyond loss of revenue associated with loss of listenership. The goodwill of the business, the reputation on which it trades, will be damaged. Further, if Harvard is not enjoined, Corus’ distinctiveness in its POWER brand will continue to fade. This is a loss not compensable in damages. In such unique circumstances as this case is, I conclude that Corus would suffer irreparable harm if the injunction is not granted.


Canadian Intellectual Property