Quebec’s Superior Court has issued a permanent injunction against Rouge Resto-bar Inc. and its president, Martin Poitras, as well as anyone working for the organization, requiring them to take down all advertising banners located in 49 establishments of the province of Quebec and Ontario where the installed banners were in violation of exclusivity rights held by Zoom Media Inc., Montreal.
Zoom had filed a lawsuit against Rouge in 2007. The dispute was in regards to the installation of banners by Rouge in establishments where Zoom Media owned exclusive media rights for all indoor advertising within the premises. It was proven that Rouge was aware of these exclusive media rights for each contract, that these rights were valid and that they applied to all of Zoom Media’s competitors, including Rouge Resto-bar Inc.
The Court concluded that Rouge and Martin Poitras were aware of the nature of these exclusive media rights and that they wilfully acted illegally by violating them. The Court has ordered Rouge Resto-bar Inc. to take down all banners or other advertising material belonging to them from the establishments within 30 days.
“I am very satisfied with the verdict and am pleased that the efforts we have put in creating strong ties with our Resto-bar members for the past 20 years are protected by our media exclusivity rights, rights which cannot be ignored by other operators who attempt to operate illegally in our venues,” says François de Gaspé Beaubien, president and CEO. “We offer an uncluttered and captive environment for our advertisers and we will not deliver anything less.”