The fight is between plaintiff Kwantlen Pizza Ltd., doing business as Kwantlen Pizza Sweets & Snacks, owned by Jasvir Singh Garcha and defendants – 1253923 BC Ltd., Pure Indian Sweets & Snacks Ltd., Kwantlen Pizza & Curry House and Avtar Singh Maghera and it all involves the use of the proprietary name “Kwantlen Pizza”. Garcha wants to ban his former partner Maghera from using the trade name within four kilometres of his Kwantlen Pizza Ltd.’s original location. Justice Matthew Kirchner agreed with Garcha and granted an injunction against Maghera and his businesses.
By DESIBUZZCanada Staff With News Files
SURREY – Two Indo-Canadian businessmen are duking it out over a pizza name fight in Surrey with a judge granting an injunction to the plaintiff against the defendant.
The fight is between plaintiff Kwantlen Pizza Ltd., doing business as Kwantlen Pizza Sweets & Snacks, owned by Jasvir Singh Garcha and defendants – 1253923 BC Ltd., Pure Indian Sweets & Snacks Ltd., Kwantlen Pizza & Curry House and Avtar Singh Maghera and it all involves the use of the proprietary name “Kwantlen Pizza”.
Garcha wants to ban his former partner Maghera from using the trade name within four kilometres of his Kwantlen Pizza Ltd.’s original location.
Justice Matthew Kirchner agreed with Garcha and granted an injunction against Maghera and his businesses.
“I accept that Kwantlen Pizza will suffer irreparable harm if the injunction is not granted,” Kirchner reasoned. “It will take months and probably a couple of years before this matter will come to trial. The evidence is compelling that Kwantlen Pizza’s existing customer base is and will be confused by the fact of a second location using the ‘Kwantlen Pizza’ name and branding opening in the same neighbourhood.
“The fact that both locations, showing the exact same logo, appear on a Skip the Dishes and other food delivery apps in the same neighbourhood show how easily a customer may be misled into believing that the new location is an extension of the original location.”
Garcha filed his notice of civil claim in November, seeking a permanent injunction. In the meantime, on that same day he also applied for the temporary injunction, which the judge granted, reported Surrey-Now-Leader newspaper.
Garcha and Maghera severed their business partnership in 2020.
“Mr. Garcha learned of this new restaurant from customers who called to congratulate him on the new location, thinking it was his,” the judge said. “The impugned location has the same colour signage as the original Kwantlen Pizza and appears to use the same branding style.”
