The Indigo Site Blocking Injunction Case

 

VS.

  Indigo is seeking a site blocking injunction against pro-Palestinian interests over the use of a TM IndigoKillsKids. See Indigo Books & Music Inc. v. John Doe 1 (Indigo Kills Kids), 2024 FC 1465 (CanLII), <https://canlii.ca/t/k73h2>

The preliminary interim injunction may erroneously muddle TM law with some  doubtful Canadian copyright law. As most students learn on Day One of law school or very soon thereafter, “hard cases make bad law”.

While there may be little sympathy for the defendants here, whoever they may be, quaere if the Court should be used to fabricate a remedy arguably not found in Canadian IP law? Moreover, Indigo might wish to be mindful of the proverbial Streisand Effect phenomenon.

This case is on a warp speed docket with the interlocutory injunction hearing returnable Oct. 22, 2024. There is a huge motion record. Any potential interveners may wish to move ASAP. https://www.ippractice.ca/file-browser/?fileno=t-2304-24

HPK