Trademark Damages Following Termination of Franchise
The British Columbia Supreme Court recently considered the right to damages for the improper use of a trademark following the termination of a franchise agreement. In Fruiticana Produce Ltd. v. 575760 B.C. Ltd. et al., after determining that certain amounts remained unpaid under the terms of a franchise agreement, the Court also concluded that the franchise agreement had been terminated and the defendants continued to use the trademark FRUITCANA for a period of time following the termination. Nominal damages were calculated on the basis of the formula set out in Louis Vuitton Mulletier S.A. v. 486353 B.C. Ltd. and the Plaintiff awarded $12,000. A permanent injunction was also granted.
This entry was posted by Larry Munn on Tuesday, January 6th, 2009 at 6:27 am and is filed under Case Law, Protection & Enforcement. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
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