TRADE MARKS |
Infringement |
Vulcan Northwest Inc. v. Vulcan Ventures Corp.
T-2285-00
Dubé J.
12/1/01
7 pp.
Plaintiffs, two substantial Washington State companies owned by entrepreneur billionaire Paul Allen and having significant profile in high technology, multi-media and investments throughout North America, seek application for interlocutory injunction to restrain defendant, penny stock mining exploration company trading on Canadian Venture Exchange, from representing itself in association with name "Vulcan Ventures" on ground infringes plaintiffs' trade-name "Vulcan Ventures"--Application allowed--Serious issue: plaintiffs's evidence clearly satisfying elements of passing off: existence of goodwill, deception of public and actual or potential damage to plaintiffs--Potential for confusion obvious and much of it may never come to plaintiffs' attention thus making damages unknown and irreparable--Actual damage does not have to be established when obvious both parties using same trade names in same area in such way as to cause or likely to cause confusion in Canada between wares or services or business of parties--While sophisticated investors may not be confused, smaller investors would be influenced by high profile and reputed name of Paul Allen and his companies--Applicable standard in passing-off action one of first impression of ordinary person presented with product or business bearing name similar to another product or business.