Restaurant Chez Gérard Patates Frites ltée c. 9537-9442 Québec inc., 2025 QCCS 2136
2025-06-04
Read full decision. Summary prepared by Alan Macek:
The applicant is asking the Court for an interim injunction to order the defendants to stop using the name or trademark “Gérard” or “Chez Gérard” for their fast food restaurants in St-Eustache. ... On May 27, 2025, the defendants opened a new restaurant called Chez Gérard in Saint-Eustache, less than 4 kilometers from that of the Plaintiff's franchisee. ... Without wishing to minimize the pleasure of an excellent poutine, the decision to buy a poutine is not one that normally requires a lot of attention on the part of the consumer. When a friend tells us that the best poutine in St-Eustache comes from "Chez Gérard" and we find ourselves in front of the snack bar "Gérard du Quartier", there is a risk that we will believe that this is the place recommended by our friend. ... The potential loss of goodwill that confusion may cause has also already been recognized as a serious harm. ... Putting all these elements together and considering that the interim application is only for 10 days, the Court is of the opinion that the balance of convenience weighs in favour of the applicant, in particular because the defendants' business has just opened. (based on a translation)