Sports Authority, Inc. v. Vineberg
T-833-93
Rothstein J.
21/4/95
4 pp.
Application for interlocutory injunction enjoining plaintiff from using trade name -- Defendant alleging, in absence of injunctive relief: (1) confusion in marketplace; (2) irreparable harm to defendant's goodwill and reputation; (3) loss of distinctiveness of defendant's mark -- Applicable test: clear and non-speculative evidence of irreparable harm -- Reference to Centre Ice Ltd. v. National Hockey League et al. (1994), 166 N.R. 44 (F.C.A.) holding confusion per se not resulting in loss of goodwill, and goodwill not per se establishing harm not compensable in damages -- Evidence of confusion not tantamount to evidence of irreparable harm -- No evidence plaintiff's merchandise inferior to defendant's or its sale will in any way degrade defendant's reputation -- Temporary loss of distinctiveness not inevitably leading to permanent loss of distinctiveness -- No evidence defendant's customers will refuse to purchase trade marked merchandise from defendant following commencement by plaintiff of use of mark -- Loss of distinctiveness, harm to goodwill or loss of sale cannot be inferred simply from evidence of confusion -- Centre Ice setting high standard as interlocutory injunction, by definition, determining rights before trial -- Question of status quo only arising where other factors appearing evenly balanced; preservation of status quo not consideration where applicant for interlocutory injunction has not proven irreparable harm -- Dismissal of application not constituting final determination as matter will be decided on merits at trial -- Application dismissed.