Sleep Country Canada Inc. v Sears Canada Inc 2017 FC 148

Description

Sleep Country won it’s second motion for an interlocutory injunction in Sleep Country Canada Inc. v Sears Canada Inc in February 2017.

Date: 20170109
Docket: T-1739-16
Citation: 2017 FC 148

SLEEP COUNTRY CANADA INC.

Plaintiff/Moving Party

and

SEARS CANADA INC.

Defendant/Responding Party

ORDER AND REASONS

I. Overview

[1] The Applicant, Sleep Country Canada Inc. [Sleep Country] seeks an interlocutory injunction to prevent Sears Canada Inc. [Sears] from using its “Descriptive Statement”, or slogan, “THERE IS NO REASON TO BUY A MATTRESS ANYWHERE ELSE”, which Sleep Country alleges infringes its trade-marked slogan “WHY BUY A MATTRESS ANYWHERE ELSE?”, pending the final determination of Sleep Country’s action for trade-mark infringement.

[2] Sleep Country alleges that Sears’ use of Sears’ slogan is causing Sleep Country irreparable harm. This harm is a result of confusion between the two slogans, as well as depreciation of the goodwill and loss of distinctiveness of Sleep Country’s registered trade-marks.

Buy an OCR PDF version of the whole decision here.