‘I by no means gave up’: Laval cabbie wins authorized battle in opposition to taxi co-op

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Alain Boudreault was driving to select up a consumer final week when he discovered a choose had sided with him in a prolonged authorized dispute over his taxi service’s title.

Boudreault, a 67-year-old cabbie who has been within the enterprise since he was 18, almost punched his dashboard out of pleasure.

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“I by no means gave up,” Boudreault mentioned later. “I defended my rights.”

Two years in the past, a taxi firm working in Laval took Boudreault to courtroom to cease him from utilizing his firm’s title, Alain Taxi Laval.

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The Co-op des propriétaires de taxi de Laval, which has 280 taxi drivers within the metropolis, sought a courtroom order below legal guidelines governing logos and publicity in Quebec.

Also referred to as Coop Taxi Laval, the co-op argued Boudreault’s use of the phrases taxi and Laval in his title stood to confuse prospects and piggybacked off the corporate’s fame.

Quebec Superior Courtroom Choose Catherine Piché rejected the request final week, ruling the corporate names aren’t related sufficient to trigger confusion.

“The pursuits of customers, which should be protected, don’t require that Boudreault’s rights be restricted as requested by the plaintiff,” Piché dominated.

Coop Taxi Laval didn’t return a request for touch upon this report. It has 30 days to attraction the choice.

In the course of the proceedings, a dispatcher from the co-op testified to receiving calls from prospects whose taxis by no means arrived. She later realized that they had dialled Boudreault’s telephone quantity as an alternative of the co-op’s, she mentioned.

An administrator from a seniors’ residence additionally testified that some aged residents had been confused between the 2 corporations when attempting to name a cab.

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However Piché discovered that past these examples, there was little different proof of there being actual confusion between the 2 corporations. Nor had been there indicators Boudreault tried to go off his providers because the co-op’s.

The choose famous the distinction between the 2 names and the way it’s using the phrase “co-op” that the co-operative had made its title on since 1972, a time period Boudreault has been cautious to not use.

The judgment additionally states the co-op has 22 variations of its title listed within the Quebec enterprise registry, all utilizing totally different mixtures of the phrases taxi and Laval.

Lastly, Piché famous, there’s rising competitors within the taxi business in Laval and a number of other different corporations are additionally utilizing the time period “Taxi Laval” of their promoting.

In an interview, Boudreault’s lawyer, Normand Haché, mentioned it will be almost unattainable  —  or break the bank  in promoting —  for somebody to ascertain a taxi firm in a given metropolis with out referencing it.

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“These are the primary phrases anybody searches for on-line when in search of a taxi in Laval,” Haché mentioned.

For Boudreault, who was as soon as employed by the co-op, the choice comes after a difficult two years.

When the injunction request was first filed, Boudreault was ordered to cease utilizing “Taxi Laval” in any advertising and marketing, together with on enterprise playing cards he had already made for his firm.

He was additionally ordered to chorus from utilizing the “Alain Taxi Laval” dome gentle he had made for his cab.

He was cited for not respecting the order in 2022, however was finally acquitted. He argued on the time he was attempting to respect the circumstances however didn’t perceive how to take action whereas persevering with to work.

Boudreault insists he by no means tried to confuse anybody together with his firm’s title or use the co-op’s fame for his achieve.

Somewhat, he says, he merely wanted a reputation that conveys the service he gives.

“In Terrebonne, Montreal, Longueuil … everybody mentions the territory they’re working in. In any other case, individuals gained’t know the place you’re,” Boudreault mentioned.

“I can’t simply be referred to as Alain Taxi,” he added. “Who would know the place Alain Taxi is?”

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