Decision

Canivate Growing Systems Ltd. v. Brazier, 2019 BCSC 899

2019-06-03

Read full decision. Summary prepared by Alan Macek:

"Canivate seeks an interim and interlocutory injunction, pursuant to the inherent jurisdiction of this court and Rule 10-4 of the Supreme Court Civil Rules, requiring Stuart Brazier to (a) cease interfering with the settings of the canivate.com domain name; and (b) restore the settings to those in place prior to the changes made on or about May 17, 2019, such that www.canivate.com and canivate.com resolve and/or link to Canivate's website and emails sent to addresses ending in @canivate.com are delivered to Canivate's employees with corresponding email addresses. ... Canivate’s case rests in the law of passing off. ... The effect of the website “not being found”, and emails to employees being returned as undeliverable, and indicating that the employees could not be found, is irreparably harmful to Canivate. ... For the foregoing reasons, I am satisfied that an interim and interlocutory injunction should be granted..." (Thanks to Chris Wilson for a copy of this decision)

 

Canadian Intellectual Property