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ARTICLE · 21 JANUARY 2026

Protecting The Fruits Of Your Labour

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Fruiticana Produce Ltd v. Fruitocana Inc. – Federal Court grants default judgment for trademark infringement but limits remedies to injunctive relief...

CanadaIntellectual Property
William S. Foster
William S. Foster
Jenny Hepditch
Jenny Hepditch
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Fruiticana Produce Ltd v. Fruitocana Inc. – Federal Court grants default judgment for trademark infringement but limits remedies to injunctive relief

While injunctive relief may be granted on an ex parte motion for default judgement relating to trademark infringement where there is clear confusion between the partes' marks, damages and other forms of relief need to be supported by the evidence.

Background

The Plaintiff, Fruiticana Produce Ltd., operates a 23‑store grocery chain in British Columbia and Alberta and owns multiple Canadian registrations for FRUITICANA and FRUITICANA EXPRESS for retail grocery services.

Since at least 2023, the Defendant, Fruitocana Inc., has operated a grocery store in Toronto under the name "Fruitocana". After the Plaintiff's cease and desist letter went ignored the Plaintiff commenced an action for trademark infringement. The Defendant did not file a defence.

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