RICHMOND, British Columbia -- Boston Pizza International Inc. ('BPI or Boston Pizza') and Boston Pizza Royalties Income Fund (the 'Fund') announced that the Federal Court of Canada dismissed the companies' request for an injunction to halt openings of Boston Chicken and Boston Market restaurants in Canada. (See related story "Boston Pizza battles Boston Market over name rights in Canada" and "Judge in trademark case sides with Boston Pizza.")
According to a release, both concepts are operated by Boston Market Corporation, Global Restaurant Operations of Ireland Limited, Boston Market Canada Company and McDonald's Restaurants of Canada Limited (the McDonald's Group).
BPI, which is suing the Boston Market/Boston Chicken operators for trademark infringement, said in its injunction request that further openings would do irreparable harm to BPI.
The court, however, reasoned BPI and its affiliates could be adequately compensated by an award of monetary damages if their claims were successful at an upcoming trial expected to commence in late 2004.
According to the release, Boston Chicken and Boston Market are not currently registered trademarks in Canada.
In a related maneuver, McDonald's Group now wants to challenge the validity of the registration of the Boston Pizza trademark in Canada (See "McDonald's Group in Canada sues Boston Pizza affilate over trademark.")