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Ontario Court Grants Injunctive Relief for Internet Libel
In the recent case of Manson v. Moffett, the Ontario Superior Court of Justice granted the Plaintiff injunctive relief for Internet libel.
The Plaintiff invented a “comminuting device” (i.e. a grinder) used for grinding herbs and spices. This device is protected by a U.S. patent and is sold in Ontario using the Canadian registered trademark “Sweetleaf”. It is also sold on the Internet via the Plaintiff’s website. The Defendant sold “Greatleaf” nut grinders in the U.S. and Ontario. Through the use of metatags, the Defendant misdirected the Plaintiff’s customers to his websites. The websites contained information that undermined the Plaintiff, including suggestions that the Defendant’s grinders were similar in quality to those of the Plaintiff, but sold at a much cheaper price. The Plaintiff sought damages and an injunction for Internet libel.
The Ontario Superior Court of Justice stated that the Defendant’s sole purpose in publishing statements impugning the Plaintiff on his website was to sully the name of the Plaintiff and his product, and found Internet libel to have existed as a result.
The Court also reflected on the appropriateness of granting injunctive relief in a situation whereby the Defendant is not ordinarily resident in the jurisdiction. It held that the Plaintiff’s case represented an appropriate circumstance to grant injunctive relief. In this situation, the Court can at least protect against the impugned conduct in its own jurisdiction.
For a copy of the decision, visit: