Northwest Territories v. Sirius Diamond Ltd.

Northwest Territories v. Sirius Diamond Ltd.

Court held GNWT must satisfy the RJR‑MacDonald tripartite test; GNWT failed to adduce clear, non‑speculative evidence of irreparable harm and therefore failed the second branch; GNWT also failed to establish a prima facie case in respect of certain official‑mark claims; accordingly no interlocutory injunction was granted and the motion was dismissed with costs in the cause.

Citation
2001 FCT 702
Parties
Plaintiff (applicant): Government of the Northwest Territories; Defendant (respondent): Sirius Diamonds Ltd.; Defendant (respondent): Sirius Diamonds NWT Ltd.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
26 June 2001
Procedural Posture
Interlocutory Injunction Application (intellectual Property) / Motion for Interlocutory Injunction (interim)
Outcome
Motion dismissed; interlocutory injunction denied; costs in the cause.
Legal Topics
Interlocutory Injunction, Prima Facie Case, Irreparable Harm, Balance of Convenience, Official Marks, Certification Program
Source Language
English
Intellectual Property Copyright Trade Marks Passing Off Public Interest Interlocutory Injunction Prima Facie Case Irreparable Harm +3 more

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Parties

Government of the Northwest Territories

Plaintiff (applicant)

Sirius Diamonds Ltd.

Defendant (respondent)

Sirius Diamonds NWT Ltd.

Defendant (respondent)

Procedural Posture

Interlocutory Injunction Application (intellectual Property) / Motion for Interlocutory Injunction (interim)

Legal Issues

  1. 1 Whether Sirius infringed GNWT copyrights
  2. 2 Whether Sirius infringed GNWT trade-marks
  3. 3 Whether Sirius infringed GNWT official marks under s.9 Trade-marks Act

Ratio Decidendi

Court held GNWT must satisfy the RJR‑MacDonald tripartite test; GNWT failed to adduce clear, non‑speculative evidence of irreparable harm and therefore failed the second branch; GNWT also failed to establish a prima facie case in respect of certain official‑mark claims; accordingly no interlocutory injunction was granted and the motion was dismissed with costs in the cause.

Court Disposition

Motion dismissed; interlocutory injunction denied; costs in the cause.

Orders

  • Motion for interlocutory injunction dismissed
  • No interlocutory injunction granted against Sirius Diamonds Ltd. or Sirius Diamonds NWT Ltd.