9346-0251 Québec inc. c. 9283-7202 Québec inc., 2025 QCCS 33
2025-01-09
Read full decision. Summary prepared by Alan Macek:
9346-0251 Québec inc. (“Plaintiff”) presents an application for an interlocutory injunction against 9283-7202 Québec inc. (“Defendant”). It claims it owns a franchise operation which it operates under a registered trademark BUFFALO BILL WINGS & DESIGN. ... Instead of using Plaintiff’s registered trademark, Defendant has now used another registered trademark. The Superior Court has no authority over the Federal register of trademarks to expunge or eliminate a trademark registration. As of today, the registration used by Defendant exists and was issued by the same registry which allows Plaintiff’s registration to issue. The nature of the right invoked by Plaintiff accommodates the existence of the very right used by Defendant under the second trademark registration. This is not a case of Defendant using a newly adopted unregistered trademark as a defence against Plaintiff’s registered trademark. As long as the second trademark registration remains registered, the Court has no facts on which to justify preventing Plaintiff Defendant from using the second trademark registration.