The words Spicy Greens are now off the menu for a downtown restaurant owner.
In a decision issued this week, Justice Jennifer Duncan ruled in favour of the owners of Spicy Greens Restaurant Ltd. in a dispute with a relative who broke away to reopen the popular eatery at its original Fifth Avenue location.
In July 2012, two-and-a-half years after they purchased the location from his aunt, husband and wife Vijayamalini Jayakaran and Jeyakaran Singarasa closed the Fifth Avenue location down. By then, they had restaurants under the same Spicy Greens name opened in College Heights, the Hart and Vanderhoof.
Jeyakaran's brother, Jeyakumar began working at the Hart Highway location in November 2014. In return, he received $175 per month directly and his brother and sister-in-law paid $825 in monthly rent for his apartment to his landlord, according to Duncan's reasons for judgment.
In January 2015, the couple left for India and Sri Lanka.
When they returned two months later, they found Jeyakumar had quit the job without notice and had opened a new restaurant at the original Fifth Avenue location, calling it Kirish Spicy Greens Restaurant.
In August 2015, the couple obtained an injunction ordering the removal of the name Spicy Greens from the menu for the Fifth Avenue location, as well as prohibiting use of the term with respect to the restaurant's telephone greeting or answering message.
The couple has since sought a further injunction to prohibit the defendant from using the words Spicy Greens in any other form, including on signage, promotional material and electronic media and Duncan granted it this week.
She found the defendant's use of the words Spicy Greens created a "significant risk of confusion," particularly given all the restaurants offered the same type of cuisine and used a bell pepper as a logo.
"In the circumstances established by the plaintiff's affidavit evidence, I find there is a strong likelihood the plaintiff will succeed at trial in proving the defendant intentionally chose a name associated with the plaintiff's successful restaurant business and used it to his advantage and the plaintiff's disadvantage," Duncan said.
Jeyakumar had deposed he had moved from Toronto to run the Hart restaurant and after a few months had received his brother's permission to open his own restaurant. But he also said they wanted him to either work for them or go back to Toronto.
"This is inconsistent with the defendant's assertion that his brother supported his restaurant venture and gave him permission to use 'Spicy Greens' in the title," Duncan said.
As of Friday, the Fifth Avenue location's signage consists of an awning saying "Punjab Spice Hut" and a banner along the front window saying "Kirish Spicy Garden."ia and Sri Lanka. When they returned two months later, they found Jeyakumar had quit the job without notice and had opened a new restaurant at the original Fifth Avenue location, calling it Kirish Spicy Greens Restaurant.
