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interlocutory injunction

By Occasional Contributors | 4 Minutes Read January 14, 2020

Interlocutory injunctions in trademark cases: A POWERful tool—when available

As Canadian trademark practitioners know, it has generally been difficult to obtain interlocutory (or interim) injunctions in trademark infringement matters, particularly at the Federal Court of Canada.

Article by Occasional Contributors / Business, Finance and Accounting / copyright, intellectual property litigation, interlocutory injunction, trademarks

By Occasional Contributors | 4 Minutes Read July 27, 2017

Why get an injunction anywhere else? Federal Court grants interlocutory injunction based on damage to goodwill and practical impossibility of calculating lost sales

This case and its discussion of the difficulty associated with the apportionment of lost sales may provide a path to an interlocutory injunction in cases with similar difficulties.

Article by Occasional Contributors / Business, Finance and Accounting / brand owners, Business slogans, damage to goodwill, infringing product, interlocutory injunction, lost sales, marketing, Sleep Country Canada Inc. v. Sears Canada Inc., Trademark, value proposition

By Occasional Contributors | 3 Minutes Read March 24, 2017

What’s in a slogan? Federal Court issues interlocutory injunction in trademark infringement case

The Federal Court granted an interlocutory injunction restraining Sears from using the slogan “There is no reason to buy a mattress anywhere else”. Sleep Country owns two Canadian trademark registrations for the slogan “Why buy a mattress anywhere else?”. The slogan, and its accompanying musical jingle, have been used by Sleep Country in television, print, radio, and online advertising and promotional campaigns since 1994.

Article by Occasional Contributors / Business / interlocutory injunction, Sleep Country Canada Inc. v. Sears Canada Inc., Trademark, trademark infringement

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