Supertek's Trademark Counterclaim Against Mishnan Hosed

In E Mishan & Sons v Supertek Canada, 2016 FC 986, Justice Hughes of the Federal Court dismissed Supertek's claim for damages stemming from statements made by Mishan. Both Mishan and Supertek sell expandable garden hoses in Canada. Mishan is a licensee of a Canadian patent and industrial design that relate to expandable garden hoses. Mishan sells its products to retailers, which in turn sell the products to consumers. Canadian Tire was one such retailer.

Supertek sought to sell its products to Canadian Tire, and offered an indemnity in respect of any lawsuit  brought by Mishan. Canadian Tire purchased Supertek products for sale in its stores. In communication with Canadian Tire employees, Mishan mentioned the possibility of litigation against retailers carrying Supertek products. Ultimately, Canadian Tire sold the Supertek products it bought, but used Mishan as the sole supplier of expandable garden hoses going forward.