Target Brands, Inc. v. Fairweather Ltd.

Target commenced an action seeking damages and a permanent injunction from using the trade name TARGET or the bull’s-eye mark. The Defendants counterclaimed against Target for infringement of its registered trade-mark TARGET APPAREL. The Plaintiffs brought this motion for an interlocutory injunction. The Court found that Target had met the low threshold for identifying a serious issue but had not proved on the balance of probabilities that it will incur irreparable harm. The Court also found that the balance of convenience favours the Defendants.