Alberta Distillers Ltd. v. Highwood Distillers Ltd.
T-724-93
Rothstein J.
28/6/93
6 pp.
Application for interlocutory injunction to restrain defendant from using "Alberta" by itself and in association with other words on labels and promotions -- Plaintiff and defendant both in business of manufacturing and selling distilled alcoholic beverages -- Words "Alberta Vodka" used by plaintiff for at least 30 years -- Clear and convincing evidence defendant intends to obtain increased market share by trading on goodwill of plaintiff and by passing off "Highwood Alberta Vodka" as plaintiff's vodka -- Plaintiff's vodka trade mark and design and labels "Alberta Vodka" and "Alberta Pure Vodka" distinctive -- Consumers likely to be confused if defendant entitled to market vodka in proposed manner -- If permitted to use proposed trade mark, defendant would take market share from plaintiff on basis of similarity between plaintiff's and defendant's labels and advertising -- Plaintiff would suffer irreparable harm if interlocutory injunction not granted -- Balance of convenience lies with plaintiff -- Defendant not precluded entirely from utilizing word "Alberta" on labels, promotions or advertising provided no confusion with plaintiff -- Application granted.