The British Columbia Supreme Court has issued an interlocutory injunction restraining adidas Canada from using TERREX as the name of one of its retail stores in Vancouver. Amer Sports Canada Inc, which does business under the name Arc'teryx Equipment, owns a Canadian trademark registration for ARC'TERYX in association with retail store services and operates a retail store on the same block where the adidas Canada location using TERREX was opened approximately one year ago.
The interlocutory injunction is the most recent step in litigation initiated by Arc'teryx in which Arc'teryx alleges trademark infringement, passing off, and depreciation of goodwill in respect of its ARC'TERYX trademark, as well as wrongful suggestions of association between its business and that of adidas Canada contrary to the Competition Act.
The parent company for adidas Canada, adidas AG, owns numerous Canadian trademark registrations, including for TERREX, but notably not in association with retail services. adidas does have a pending application to register TERREX in association with retail store services, and the injunction will expire on issuance of that registration, should it occur before the matter goes to trial.
ARC'TERYX Equipment Granted Interlocutory Injunction Against Adidas Canada
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