Decision

VisionWerx Investment Properties Inc. v. Strong Industries, Inc., 2020 FC 378

Justice Kane - 2020-03-19

Read full decision. Automatically generated summary:

This is a motion for an interlocutory injunction by the Plaintiff, VisionWerx in an action for infringement of a distinguishing guise pursuant to section 7(b) of the Trademarks Act. VisionWerx seeks to prevent the Defendants, Strong Industries, from manufacturing, marketing and selling, and Costco Wholesale Canada from marketing and selling the Solstice model two-person hot tub which VisionWerx claims resembles its Spaberry 5.0 two?person hot tub. ... Although the Plaintiff has met the low threshold to establish a serious issue, the Plaintiff has not provided clear, convincing and non speculative evidence that irreparable harm will occur between now and the disposition of its action. The parties should expedite the completion of the next steps in this litigation and move forward with the determination of the Plaintiff’s action.

Decision relates to:

  • T-342-19 - VISIONWERX INVESTMENT PROPERTIES, INC. v. STRONG INDUSTRIES, INC. ET AL.

 

Canadian Intellectual Property