The plaintiff, operating as Carey Industries, brought a motion for an interlocutory injunction to restrain the defendants from carrying on business under the name 'Steve's Welding & Sandblasting Inc.' The plaintiff had previously operated under the trade name 'Steve's Welding & Sandblasting' for nearly 30 years before changing its name.
The individual defendant, a former owner and employee of the plaintiff, incorporated the competing business shortly after his departure.
The court applied the RJR-MacDonald test and found a serious issue to be tried regarding passing off, noting the identical trade name and evidence of actual customer confusion.
The court concluded the plaintiff would suffer irreparable harm to its goodwill and that the balance of convenience favoured granting the injunction.
