Wool-Mart Inc. v. Wal-Mart Stores Inc.
T-828-95
Heald D.J.
15/11/95
10 pp.
Application for interlocutory injunction seeking to restrain defendants from using trade-mark or trade-name including words "Wal-Mart"-Plaintiff Ontario corporation with head office in Nepean, Ontario-Owner of two registered trade-marks No. 424,557 for mark "Wool-Mart" and No. 436,732 for mark "Wool-Mart and Design"-Defendant Wal-Mart Stores Inc. owns and operates Wal-Mart retail department stores in 49 states of USA-Defendant Wal-Mart Canada Inc. exclusive licensee in Canada of trade-mark "Wal-Mart" owned by Wal-Mart Stores Inc.-Generally accepted test in applications for interlocutory injunctions tripartite test-Serious issue to be tried herein as affidavits filed by plaintiff suggesting ongoing, massive confusion between trade-marks "Wal-Mart" and "Wool-Mart"-Whether plaintiff would suffer irreparable harm if injunction application denied-"Irreparable" relating to nature of harm suffered rather than magnitude-Evidence as to irreparable harm must be clear, not "speculative"-Finding of confusion not necessarily establishing loss of goodwill and loss of goodwill not necessarily constituting irreparable harm-No specific evidence herein confusion led to loss of custo mers-Record not showing irreparable harm-Disadvantages suffered by plaintiff if interim injunction refused can be adequately compensated in damages-Balance of convenience favouring defendants-Application dismissed.