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ARTICLE · 13 AUGUST 2020

Interlocutory Injunction Issued In Relation To Grey Goods In Canada

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The Federal Court has issued an interlocutory injunction prohibiting the sale of grey goods in Canada that bore a false label.

CanadaIntellectual Property

The Federal Court has issued an interlocutory injunction prohibiting the sale of grey goods in Canada that bore a false label. 

The injunction issued in the context of a trademark infringement action brought by the Plaintiff I-MEI Foods Co. Ltd. ("I-MEI") and its Canadian distributor TFI Foods Ltd. ("TFI") against Every Green International Inc. ("Every Green").  I-MEI is the owner of a number of registered Canadian trademarks for designs that contain the letters I-MEI ("the I-MEI Trademarks"). 

TFI is the exclusive distributor for I-MEI food products in Canada which bear the I-MEI Trademarks as well as a label that identifies TFI as I-MEI's distributor or importer.  TFI discovered products being offered for sale by Every Green in Canada which featured the I-MEI Trademarks along with a label that stated that Every Green is the "Exclusive Distributor of Canada".   In fact, Every Green had never been authorized to distribute I-MEI products in Canada.

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