Decision

Nutrisoya Foods inc. vs. Natur-All BBVV-2018, 2021 QCCS 866

2021-03-16

Read full decision. Summary prepared by Alan Macek:

The Court is seized of a request for an order for a provisional interlocutory injunction ... The action here is an action for violation of the Trade marks Act and for passing off ... Here the plaintiff has been using "Natura" or "Natur-a" for nearly 30 years, while the defendant has a name “NATUR ALL” which is very recent on the market. ... The case law in, among others, Importations Stavropoulos v. XpressionVin inc., ... it is said that whenever there is a prima facie proof of confusion, there is a risk of loss of control of the trademark, which causes irreparable harm. ... The Tribunal therefore grants the request for an interim injunction as it stands, being well aware of the fact that there could be a debate on the territorial scope. This is another debate for another day. (based on a translation)

 

Canadian Intellectual Property