In June 2025, 131428 Canada Ltd., doing business as Chez Gérard Patates Frites, obtained a provisional injunction from the Superior Court of Québec against a competitor that had recently opened a restaurant under the name “Gérard du Quartier” in Saint-Eustache, less than four kilometres from one of Chez Gérard’s franchise locations.
Chez Gérard has operated under its trademark for nearly 70 years. The Court found that there was a risk of confusion arising from the similarity of the names, the proximity of the restaurants and the fact that they offered essentially the same products. The Court also considered evidence of instances of actual confusion and concluded that Chez Gérard had established a prima facie right to the relief sought.
The provisional injunction required the defendants to immediately cease using the name and trademark “Gérard” or “Chez Gérard”, as well as any other similar name containing “Gérard” that could create confusion or depreciate Chez Gérard’s goodwill. The judgement protected the client’s brand position and the interests of its franchise network.
A Fasken team led by Nathalie-Anne Béliveau, and including Patricia Hénault, Jean-Philippe Mikus and Frédéric Gilbert, represented the franchisor in the matter.
Jurisdiction
- Québec
