Rogers takes the position that assuming an equality of disadvantage, the tipping point for deciding whether an injunction should go is the strength of the plaintiff's case, as if it is strong, the public interest in restraining misleading information in the marketplace overcomes reluctance to interfere with commercial free speech, or preventing potentially useful information from getting to the consumer. The plaintiff says that its case is strong, and the same consideration that moved Justice Grauer to enjoin Rogers in Telus v. Rogers, are at play in the case at bar.
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