Saskatoon Star Phoenix Group Inc. v. Noton

(2001) 206 Sask. R. 106, 9 W.W.R. 63 (2001)

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Saskatoon Star Phoenix Group Inc. v. Noton

Saskatchewan Court of the Queen’s Bench
(2001) 206 Sask. R. 106, 9 W.W.R. 63 (2001)

SH

Facts

Saskatoon Star Phoenix Group Inc. (Star Phoenix) (plaintiff) published a newspaper called The StarPhoenix. This daily newspaper was the largest in Saskatchewan and was widely distributed. It also operated an associated website at “www.thestarphoenix.com.” A young man named Noton (defendant) purchased the domain name and address “http://saskatoonstarphoenix.com,” on which he operated a website with content identical to that of Star Phoenix’s website except that it had advertisements for Noton’s web-hosting business as well as from other advertisers contracted by Noton. It also had a message at the bottom of the page that said the site was designed, hosted, and marketed by Noton Inc. Noton deliberately used metatags that would cause people who were searching for Star Phoenix’s website to find his website. Star Phoenix demanded that Noton take the site down. He refused and instead offered to sell the domain to Star Phoenix. Noton admitted this had been his intent in setting up the fake website. Star Phoenix filed suit against Noton for the cause of action of passing off and requested actual and punitive damages, as well as an injunction preventing Noton from using the name Star Phoenix or a domain name containing that name.

Rule of Law

Issue

Holding and Reasoning (Laing, J.)

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