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ARTICLE · 05 NOVEMBER 2016

Speculative Harm Insufficient For Equipment Rental Injunction

Aitken Klee LLP
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HERC Equipment Rentals operates a construction and industrial equipment rental business in Hamilton and Mississauga. HERC and HERTZ (the car rental company) have had business dealings for 15 years and have operations in close proximity to each other.

CanadaIntellectual Property
Abbas Kassam
Abbas Kassam

HERC Equipment Rentals operates a construction and industrial equipment rental business in Hamilton and Mississauga. HERC and HERTZ (the car rental company) have had business dealings for 15 years and have operations in close proximity to each other. In March 2014, HERTZ announced its plan to make its equipment rental business a stand-alone business and further announced that this stand-alone business would be known as Herc Rentals.

In March 2016, Hertz commenced an action seeking a declaration that it is the owner of three registered Canadian trademarks: HERTZ, HERTZ EQUIPMENT RENTAL, and HERC 360 & Design. HERC filed its defence and a counterclaim against HERTZ seeking a declaration that it is the owner of the HERC Trademark.

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