Interlocutory injunction available even for marks that lack inherent distinctiveness


The Quebec Superior Court recently demonstrated that it can be a friendlier forum for injunctions in trademark law, even in cases involving unregistered rights. The Pièces d’auto économiques decision is a reminder that the court’s discretion may be in favour of a plaintiff which demonstrates use of its mark over a long period of time, even if the mark is not inherently distinctive, especially when evidence shows that the defendant chose to ignore warning.

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