Cabanons Mirabel c. Cabanons Fontaine inc., 2020 QCCS 1419
2020-04-30
Read full decision. Summary prepared by Alan Macek:
Plaintiff, operating as "Cabanons Mirabel" sought an injunction against the defendant's use of domain names cabanonmirabel.com, cabanonsmirabel.ca and garagescabanonsmirabel.com to redirect to the defendant's website under Section 7(b) of the Trademarks Act. The Court found that while the Plaintiff did not have any registered trademarks, "Cabanons Mirabel" has acquired distinctiveness and goodwill. The Court also found confusion in the domain names even though the subsequent website is clearly of the defendant. The Court ordered the domain names transferred to the Plaintiff. Damages were bifurcated. (Summary based on a translation)