A dispute between two Toronto store owners in the Queen St. West neighbourhood has resulted in a passing-off action.
The plaintiff, Kristen Voisey, owner of BYOB, filed the passing-off action in the Ontario Superior Court in 2014, claiming that her neighbour, Organic Boutique, was presenting its goods in a manner that was confusing to consumers.
In the lawsuit, Voisey alleges that Organic Boutique placed signs with “Y.O.B. Inc.” and also placed press articles about BYOB in the window of Organic Boutique’s store, creating confusion.
In its Statement of Defence, Organic Boutique countered that it did not and does not have any need or reason to attempt to pass itself off as or imitate the plaintiff’s business or storefront, and that “contrary to the allegations ... the selling of common products represents nothing more than a perfectly permissible and normal business competition in our free market economy.”
This lawsuit has not yet proceeded to trial.
Additional commentary was published by the Toronto Star.
Summary By: Robert Dewald
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