• The case involves allegations of passing off, where Attic Rain Specialists Ltd claims No Payne Roofing Inc is using its trade name and trademark.

Applicant's Claims

• Seeks a permanent injunction to stop the Respondent from using "Attic Rain Specialists" or any similar variations.
• Demands the Respondent hand over any promotional materials using the disputed name.

Evidence Presented

• Applicant’s Affidavit: Claims of business operation since March 2021, incorporation in March 2022, reputation, and a pending trademark application.
• Key Assertions:
  • Direct competition between the two companies.
  • Goodwill and brand recognition established in Calgary.
  • Evidence of the Respondent's use of the name causing confusion, including Google AdWords campaigns.
• Gaps in Evidence:
  • Lack of specific data on market recognition, sales volume, and advertising impact.
  • Missing comprehensive internet search results and promotional materials from the Respondent.

Respondent's Position

• Did not file evidence or cross-examine.
• Self-represented, claims to be a legitimate attic rain specialist.

Legal Analysis

• Passing Off Elements: Goodwill, public deception due to misrepresentation, and actual or potential damage.
• Goodwill Proof: The Applicant failed to provide sufficient evidence of market recognition or distinctiveness.
• Descriptive Nature of Name: "Attic Rain Specialists" seen as potentially generic, lacking secondary meaning exclusive to the Applicant.

Decision

• Insufficient Evidence: The Applicant did not meet the burden of proving goodwill or distinctiveness on a balance of probabilities.
• Permanent Injunction: Denied due to weak evidence. The court emphasized the necessity of concrete proof in such cases.

Conclusion

• Application Dismissed: The request for a permanent injunction is denied.
• The court did not make a final order regarding costs.