For the first time in recent memory, the Federal Court has issued an interlocutory injunction in an intellectual property proceeding. In April, the Federal Court of Appeal upheld the injunction issued to Rickett Benckiser LLC.
The standard test for issuing an injunction is set by the Supreme Court of Canada in RJR MacDonald which requires the moving party establish:
- a serious issue to be tried;
- irreparable harm will result to the moving party if the relief is not granted; and
- the balance of convenience favours the moving party.
Of these three parts to the test, finding ‘irreparable harm’ is typically . . . [more]