Examples of Second Cup in a sentence
Second Cup was incorporated under the Business Corporations Act (Ontario) in 2011 and is domiciled in Canada.
Second Cup owns the trademarks, trade names, operating procedures and systems and other intellectual property used in connection with the operation of Second Cup cafés in Canada.
The Company manages the Co-op Fund established to collect and administer funds contributed for use in advertising and promotional programs, and initiatives designed to increase sales and enhance the reputation of the Second Cup brand.
Trademarks consist of trade names, operating procedures and systems and other intellectual property used in connection with the operation of the Second Cup cafés in Canada and are recorded at the historical cost less impairment write-downs.
Ct. [Commercial]) [Second Cup] (a decision in which the authors’ firm was counsel for the franchisor).
Further, in Second Cup, the court rejected the franchisor’s argument that it would suffer irreparable harm if the franchisee was allowed to continue its newly established coffee operation, as this would send a message that Second Cup franchises can be used as a training ground to open up competing retail coffee enterprises, thus compromising the integrity of the Second Cup franchise system.
The court held that because of this distinction between the two operations, there had not “been any significant adverse effect to the integrity of Second Cup’s franchise system”.45 Further, any damages suffered by Second Cup in lost customers could be calculated as money damages.
The analyses in Second Cup, Quizno’s, Hyundai, Culligan and Struik suggest that Ontario courts may apply greater scrutiny to the merits of cases where a franchisor seeks to enjoin a franchisee from breach of a restrictive covenant than where a franchisee seeks to enjoin a franchisor from terminating an agreement pending trial.
The court found that there were significant differences between the business models of Second Cup and its former franchisee, specifically that the coffee and tea sold by the former franchisee’s new café was fair trade and organically grown, while this was not the case at Second Cup cafés.
Justice Carnwath held that the affidavit evidence and jurisprudence respecting “the importance of protecting the trademarks and systems of the franchisor, for its benefit and for the benefit of the franchisees” was sufficient evidence of irreparable harm.50The decisions in Allegra II, W.A.B. Bakery, Second Cup and Quizno’s place an elevated burden on franchisors to demonstrate irreparable harm that goes beyond general threats to the integrity of the franchise system or compromised goodwill.