Naka Electric suing Naka Power, N.W.T. gov't over similar name

Sarah Krymalowski · CBC News

· Posted: May 30, 2025 4:00 AM EDT | Last Updated: 6 minutes ago

The proprietor of Naka Electric has asked the N.W.T. Supreme Court to review the territorial government's determination to fto Northland Utilities registry names similar Naka Power (NWT) and Naka Power (Yellowknife) without obtaining consent from him.

Naka Electric, a Yellowknife business, filed a suit against Northland Utilities, which rebranded itself past twelvemonth arsenic Naka Power. The territorial government is besides named successful the lawsuit.

Arguments successful the lawsuit were presented successful the N.W.T. Supreme Court connected Wednesday to Justice Shannon Smallwood.

According to the company's website, Naka Electric is simply a contracting concern that specializes successful electrical enactment astatine mines. Owner Karel Pekelsky was represented successful tribunal by lawyer Neil Tichkowsky.

Tichkowsky argued that the registrar was incorrect to determine Naka Power (NWT), Naka Power (Yellowknife) and Naka Power Utilities were antithetic capable from Naka Electric to beryllium registered without support from Pekelsky, and that the registrar didn't travel tenable procedures successful making this decision.

Naka Power argued that the suit should beryllium thrown retired and it should beryllium capable to proceed to usage these institution names.

The arguments

Tichkowsky argued that the N.W.T.'s laws astir the naming of businesses don't let companies to usage names that are akin capable to those of different businesses to "confuse oregon mislead" the nationalist — but if they get support from the likewise named concern beforehand.

He argued that this rebranding from Northland Utilities could so confuse oregon mislead people.

A cardinal portion of his statement was that the registrar did find the sanction Naka Power connected its ain to beryllium adjacent capable to Naka Electric that the institution needed Pekelsky's consent to usage the name. Pekelsky did not springiness his consent, and the sanction Naka Power was ne'er registered.

Tichkowsky argued that Naka Power (NWT) and Naka Power (Yellowknife) were not meaningfully antithetic from Naka Power arsenic names, and that due to the fact that of this Naka Power should person needed Pekelsky's support to usage those names arsenic well.

Tichkowsky said his lawsuit is asking the tribunal to barroom the inferior institution from registering the sanction Naka Power (Yellowknife), Naka Power (NWT) and Naka Power Utilities — oregon to necessitate the registrar who approved the names to supply written reasoning arsenic to wherefore the names were not excessively akin to Naka Electric.

Lawyer Christopher Buchanan, who represented Naka Power, argued that the registrar had discretion to determine that those names were meaningfully antithetic from Naka Power, and that this was a tenable judgement due to the fact that they look and dependable different. 

He besides argued that the akin names Naka Power and Naka Electric would not confuse the nationalist due to the fact that Naka Power and Naka Electric person precise small overlap successful the services they connection and customers they serve, and are not successful competition.

He besides argued the names were not confusing due to the fact that "electric" connotes that a concern does electrical work, whereas "power" is often included successful the names of inferior companies.

He asked the tribunal to propulsion retired Pekelsky's lawsuits. He said adjacent if the tribunal decided Pekelsky's suit implicit the names Naka Power (NWT) and Naka Power (Yellowknife) had merit, the suit implicit the Naka Power Utilities should beryllium thrown retired due to the fact that the summation of "utilities" makes the sanction much distinctive.

Justice Shannon Smallwood reserved her determination connected the lawsuit.