The Plaintiff applied for an interlocutory injunction to stop
the personal Defendant and corporate Defendant, Alpha Neon Sign
Consulting Ltd., from using their business name, "Alpha
Neon". The Defendants compete with the Plaintiff and have been
using the Alpha Neon name in its competing business since 2013. The
question for this Court was whether the Defendants should be
enjoined from using the Alpha Neon name on the ground that they are
passing themselves off as the Plaintiff's Alpha Neon
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Trademarks Decisions
Interlocutory Injunction Granted: Defendants Ordered to Stop
Using Plaintiff's Business Name
Alpha Neon (2012) Ltd. v. Ziskos, 2014 BCSC 2326
The Court considered the three-part test for injunctive relief:
Has the Plaintiff shown a serious question to be tried? If so, does
the Defendants' conduct cause irreparable harm, and where does
the balance of convenience lie for an injunction as between the
Plaintiff and the Defendants? The Defendants conceded the first
point (serious question to be tried), but argued that they should
succeed on the second and third parts of the test.
The Court found that irreparable harm had been shown, and that the
balance of convenience rested with the Plaintiff. The injunction
was granted, and the Defendants were ordered to stop any and all
use of the Alpha Neon name. Costs were awarded in the cause.Industry News
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