Decision

TELUS Communications Inc. v Shaw Communications Inc., 2020 BCSC 1354

2020-09-11

Read full decision. Summary prepared by Alan Macek:

TELUS seeks an interlocutory injunction against its direct competitor, Shaw, in the marketing of its internet services. ... TELUS asserts that Shaw has engaged in false and misleading representations; injurious falsehood; and breaches of the Competition Act and the Trademarks Act. However, the focus of this application has been violations specifically under s. s. 52 of the Act. ... Shaw submits that there is nothing factually incorrect in its branding of its HFC infrastructure as “Fibre+”. ... At this point, I find more compelling Shaw’s position that the people who know and care about the differences and distinctions between HFC and FTTH are not the segment of consumers that s. 52 seeks to protect ... While I have found that TELUS has met the first two threshold questions—I have determined that the balance of convenience does not favour the sought after injunction.

 

Canadian Intellectual Property