TFI Foods Ltd. et al. v. Every Green International Inc., 2020 FC 808
Justice McHaffie - 2020-08-04
Read full decision. Summary prepared by Alan Macek:
TFI Foods Ltd is the exclusive Canadian distributor of I-MEI Foods Co, Ltd, a food manufacturer based in Taiwan. The two companies seek an [interlocutory] injunction to stop Every Green International Inc from selling products bearing I-MEI’s trademark with an affixed label falsely stating that Every Green is the “Exclusive Distributor of Canada/Distributeur Exclusive De Canada [sic].” ... An injunction will therefore issue on the terms set out below, enjoining Every Green from selling or offering for sale any products bearing the I-MEI trademark labelled to indicate that Every Green is the exclusive distributor of I-MEI, and requiring Every Green to recall products bearing such labelling. ... Based on the information before the Court on this motion, the conclusion I draw is that the goods are likely “grey market goods” or “parallel imports,” that is, genuine goods manufactured by I-MEI that have entered the market through another channel or in another location, but that have been imported into Canada without the approval of I-MEI or its distributor TFI. ... I am satisfied that there is a serious issue to be tried that this false statement pertains to a trademark, namely the I-MEI Design, and constitutes a misrepresentation within the scope of a claim for passing off under subsection 7(b). ... In the absence of any evidence to the contrary, I am satisfied that I-MEI would suffer irreparable harm to the reputation and goodwill in the I-MEI Design by the continued presence in the market of false labels on I-MEI products stating that Every Green is I-MEI’s Exclusive Distributor for Canada. (Thanks to May Cheng for a copy of this decision)
Decision relates to:
- T-695-20 - TFI FOODS LTD. ET AL. v. EVERY GREEN INTERNATIONAL INC.