The plaintiff, VisionWerx Investment Properties Inc., sought an interlocutory injunction to prevent the defendants from manufacturing, marketing, and selling a two-person hot tub that the plaintiff claimed resembled its own product, alleging passing off of an unregistered distinguishing guise under the Trademarks Act.
The Federal Court dismissed the motion, finding that while the plaintiff established a serious issue, it failed to provide clear and convincing evidence that it would suffer irreparable harm that could not be quantified and compensated in monetary damages if successful at trial.
