TRADE MARKS |
Toronto.com v. Friendship Enterprises
T-1163-99
Heneghan J.
1/6/00
11 pp.
Motion for interlocutory injunction to restrain defendants, Ritchie Sinclair and Garth Cole from using, displaying, advertising, authorizing others to use, display, or advertise trade-mark "Toronto2.com"--Defendants two individuals carrying on business under name of "Friendship Enterprises"--Plaintiff claiming defendants have: (i) "framed" several webpages, portions of webpages published at www.toronto.com by plaintiff, displayed them on website at www.toronto2.com; (ii) linked their website to some of same websites to which plaintiff linked website--Defendants' activities said to have caused plaintiff to suffer irreparable harm through, inter alia, loss of distinctiveness of "toronto.com" trade-mark, loss of goodwill attaching to trade-mark--Applicant failing to show irreparable harm--In order to be successful in motion for interlocutory injunction, applicant must show clear evidence of irreparable harm--Evidence cannot be speculative--Irreparable harm cannot be quantified in monetary terms, refers to nature of harm, not magnitude--Plaintiff tendering no actual evidence of loss of goodwill, reputation--No proof value of goodwill diminished--Motion dismissed.