4207602 Canada Inc. (Cameo Knitting) c. Kodiak Group Holdings Co., 2024 QCCS 292
2024-01-29
Read full decision. Summary prepared by Alan Macek:
The Plaintiff, Cameo Knitting, seeks a provisional injunction against the Defendants ... The Defendant has recently sent notices to the Plaintiff terminating a twenty-year relationship. Indeed, for approximately two decades, the Plaintiff has been the authorized exclusive distributor of socks and other apparel wares bearing certain of the Defendant’s well-known trademarks, including the Kodiak mark, within the territory of North America. ... At the present stage, it appears abusive to terminate its contract, during final contract revision, on a few days’ notice, just prior to the Holidays, particularly where the Defendant, by its actions and/or its words, allowed the Plaintiff to believe (i) that the Plaintiff’s key terms were agreed upon and (ii) that its default to pay outstanding licence fees could be remedied upon closing of the new contract. ... On the whole, after weighing all of the applicable criteria, the Court determines that the Plaintiff should be entitled to the immediate and temporary relief sought.