2 Feb 2022
1196278 Ontario Inc (Sassafraz) v. 815470 Ontario Ltd (Sassafras Coastal Kitchen & Bar)
The SASSAFRAZ restaurant, which had been operated by the Applicant in Toronto since 1997, had gained popularity and recognition as a premier dining destination. Extensive advertising and media coverage, including international press, had made the restaurant known for its contemporary French-inspired Canadian cuisine and fine dining experience. In 2011, the Applicant had registered the SASSAFRAZ trademark for catering, restaurant, and bar services. In 2020, the Applicant had discovered that the Respondent had been operating a restaurant under various names containing "SASSAFRAS." Despite the Applicant's request to cease using the name, the Respondent had refused. The validity of the Applicant's SASSAFRAZ trademark had not been contested.
The court ruled that the Respondent had infringed the Applicant's registered SASSAFRAZ Trademark and used it in a manner that devalued its goodwill. The Respondent and all related entities were permanently restrained from selling, advertising, or distributing goods or services with marks similar to the Applicant's trademark. They were also required to cease using the SASSAFRAS Marks and destroy any related materials. The Respondent had to withdraw its business name registration and discontinue the use of the domain name and social media accounts associated with the Applicant's trademarks. Moreover, the Respondent was ordered to pay $15,000 in damages to the Applicant, along with interest.