Federal Court Grants Rare Interlocutory Injunction To Protect Sleep Country Canada’s Iconic Trademark
Overview
On February 9, 2017, Justice Kane of the Federal Court issued a rare interlocutory injunction to Sleep Country Canada, enjoining Sears Canada from using a slogan that was found to be confusingly similar to Sleep Country’s trademarked, iconic “Why buy a mattress anywhere else?” slogan. Matthew Gottlieb, Andrew Winton, and Ryann Atkins successfully brought the motion on behalf of Sleep Country. The decision provides a useful clarification on the evidence necessary to establish irreparable harm in a trademark infringement dispute in Canada. A copy of the decision is available here: Order and Reasons of Justice Kane - Feb 9 2017.
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