IP Update

Rare Interlocutory Injunction issued by Federal Court in Trademark Case

by Daniel Anthony

In a significant decision issued yesterday, Sleep Country Canada Inc v Sears Canada Inc, the Federal Court issued rare interlocutory relief to a Plaintiff in a trademark case.

An interlocutory injunction is an extraordinary and powerful remedy. But for over 20 years, interlocutory injunctions have been few and far between in the Federal Court (apart from counterfeit cases). However, for the past five years the Federal Court has sent informal signals to the intellectual property bar that it would be prepared to issue pre-trial injunctions on suitable evidence of irreparable harm.

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The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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