New Skinny Mixes, LLC v 9335-5147 Quebec inc dba Capital Nutrition et al., 500-17-125038-235
2025-03-28
Read full decision. Summary prepared by Alan Macek:
In April 2019, Skinny and 9335 entered into a Trademark Licence Agreement, thereby allowing 9335 to use Skinny's licenced marks "in connection with the promotion, advertising, distribution and sale" of Skinny Syrups in Canada. In August 2022, Skinny advised 9335 that it was terminating the distribution agreement and the Trademark Licence Agreement. ... A few months thereafter, the Defendants began to develop their own brand of syrups, called Slim Syrups. This is what ultimately gave rise to this litigation. ... Skinny is faced with a situation where clients are under the impression they are writing to its customer service, and the answers they receive are false assertions that Skinny's products do not meet the requirements of the Canadian Food Inspection Agency and are redirected to buy products from Defendants. It is difficult to imagine a more anti-competitive way to use this email address. ... The same reasoning is applicable here. Skinny has demonstrated a strong prima facie right to be awarded control over the skinnymixes.ca domain name and associated email addresses. ... An order forcing the Defendants to cease using the name "Slim Syrup? altogether and to recall all products, signage and advertising using this name is better left for the merits, as it would be equivalent to a final determination of the action in favour of Skinny. ... For these reasons, the court issues an interlocutory injunction, to be valid until final judgement or earlier settlement between the parties ... (Thanks to Patricia Hénault for a copy of the decision)