Background:

• BioSteel alleged that Cizzle’s Cwench products copied its hydration drinks in flavors, packaging, and slogans, amounting to "passing off" on BioSteel's goodwill.
• BioSteel sought an injunction to stop Cwench’s sales and marketing.

Legal Issues:

1. Passing Off: Plaintiffs needed to prove (i) goodwill associated with BioSteel’s product look, (ii) misrepresentation causing consumer confusion, and (iii) potential damage.
2. Injunction: The court examined whether there was a strong prima facie case, potential irreparable harm, and a balance of convenience.

Ruling:

• Goodwill: The court found no evidence that BioSteel’s packaging was uniquely distinctive since the elements (flavors, colors) were standard in the industry.
• Misrepresentation: Similarities were seen as common industry features, not deliberate copying.
• Confusion: The evidence (social media comments) did not convincingly show consumer confusion.
• Irreparable Harm: BioSteel did not prove it would suffer harm that couldn't be compensated by damages.
• Balance of Convenience: An injunction would harm Cwench more than any unproven harm to BioSteel.

Outcome:

• The injunction was denied. BioSteel was ordered to pay Cwench’s legal costs of $109,888.31.