Movel Restaurants Ltd. v. E.A.T. at Le Marché Inc.
T-2254-94
Reed J.
19/12/94
7 pp.
Motion for interlocutory injunction to prevent defendant restaurant from using word "Marché" in connection with business -- Established plaintiffs' restaurant owning and licensing two registered design marks bearing name "Marché" -- Plaintiffs' restaurant and upstart defendant restaurant both selling bakery, food and beverages services within close geographical proximity-Evidence of actual confusion with respect to two businesses-Circumstances not requiring strong proof prima facie case as granting of interlocutory injunction not dispositive of issue between parties-Plaintiff demonstrating serious triable issue-Evidence of irreparable damage with respect to plaintiff business -- Little evidence of defendant's ability to meet possible damage award after trial -- Injunction not resulting in great inconvenience to defendant -- Plaintiff advising defendant at early stage of intention to protect "Marché" mark but raising no objection to defendant's use of word "Market" -- Defendant adopting mark for purpose of suggesting common ownership of two businesses and to take advantage of popularity of plaintiffs' restaurant -- Status quo to be determined as existing prior to commencement of defendant's operations -- Interlocutory injunction granted.