TRADEMARKS - Marking and registration - Confusion as to goods, wares and services - Injunctions

Law360 Canada (January 11, 2023, 6:39 AM EST) -- Appeal by the Appellants from the Order granting the Respondent an interlocutory injunction. The Order restrained the Appellants from using the term Bombay Frankie as the name of any restaurant or franchising business, from using Bombay Frankie on their social media accounts, and from using the website, The Respondent was incorporated in October 2020. At the same time, it filed an application to register the trademark Bombay Frankie. The Appellants were also in the restaurant business. Bombay Frankie Inc. was incorporated on March 12, 2021. The Appellants registered the domain name in February 2021 and had social media accounts using the Bombay Frankie name. The Appellants opened a restaurant called Bombay Frankie. Prior to 2021, the Appellants established other Indian food restaurants. They used the term frankie on menu items at those restaurants. It was undisputed that a frankie was a type of Indian street food snack developed in the 1930s and referred to a type of wrap filled with various fillings. In September 2021, the Respondent commenced an action against the Appellants in this court for trademark infringement and passing off under the Trademark Act....
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