Bausch & Lomb Inc. v. Nevitt Sales Corp.
T-1706-92
Muldoon J.
26/3/93
11 pp.
Motion for interlocutory injunction to forbid defendant from advertising and selling wares said to infringe plaintiffs' trade marks for "line of Ray-Ban sunglasses"-Defendant's brand name of sunglasses "Rayex" and serrated circle design close approximations of plaintiffs' trade marks-Evidence of compelling comparisons and observations demonstrating irreparable harm inflicted on plaintiffs by defendant -- Bold and deliberate duplication of models, trade mark designs and promotional material -- Defendant's copied products inferior in quality -- Comparison, confusion and completely false anti-ultraviolet claims by defendant occurring since latter started marketing of wares -- Application for interlocutory injunction determined on affidavit evidence -- Criteria for such applications articulated in Turbo Resources Ltd. v. Petro Canada Inc., [1989] 2 F.C. 451 (C.A.) all met -- Strong prima facie case against defendant -- Irreparable harm due to confusion shown by defendant in identifying wares and commercial marks with those of Bausch & Lomb Inc (B & L) in leech-like fashion -- Damages not providing adequate remedy for B & L -- Balance of convenience in favour of plaintiff -- Defendant's copying prima facie evidence of infringement of B & L proprietary right in asserted trade-marks -- Motion granted.