Tele-Direct ( Publications ) Inc. v. Canadian Business Online Inc.
T-1340-97
Joyal J.
17/9/97
9 pp.
Application for interlocutory injunction under R. 469 arising out of trade-mark infringement action-Plaintiff company producing, distributing business, telephone directories in Canada-Also providing access to business listings on Internet-Owner of "Yellow Pages", "Pages Jaunes", "Walking Fingers" (word and design) trade-marks in Canada-Corporate defendant operating Internet site in association with electronic business directory services-"Yellow Pages", "Walking Fingers" well-known in both official languages-Exposure of marks such that public compulsively identifying them with telephone business directories-Case made by plaintiff of unlawful use in Canada by defendants of trade-marks "Yellow Pages", "Walking Fingers" and design-Messages on Internet not only mode of communication-Apart from trade-marks, words, phrases can be found in whole field of electronic commerce, with attendant problems relating to certainty, predictability, permanency-That use of Canadian trademarks abroad might have evidentiary weight in some cases not disputed-Such use not cogent in matters involving alleged disappearing distinctiveness of well-known trademark-Corporate defendant appears to be paper company-Owner, as sole director, providing no evidence of activity under corporate status-No tangible evidence by way of supporting documents, minutes, contracts, lists, bank accounts to reflect financial stability, visibility of operation-Evidence of unauthorized use knowingly made by defendants conclusive-Application allowed-Federal Court Rules, C.R.C., c. 663, R. 469.