Naka Power is fighting a legal challenge of its name, saying the court should not intervene.
The power distributor, formerly named Northland Utilities, rebranded in April 2024. It has since been using the name Naka Power, which is emblazoned on its Yellowknife office and company vehicles.
That has troubled Karel Pekelsky, the owner and operator of Naka Electric, an electrical services company in Yellowknife whose name has been registered since March 2021.
Pekelsky argues the name Naka Power is too similar to Naka Electric and that has led to confusion between the two companies. He said he has received phone calls from people inquiring whether they should contact him or Naka Power for electrical services, while a neighbour questioned if he was worried about getting sued by Naka Power due to having a similar company name.
Pekelsky has asked the NWT Supreme Court to overturn the territorial government’s decision to register the names Naka Power (NWT), Naka Power (Yellowknife) and Naka Power Utilities.
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In court on Wednesday, Pekelsky’s lawyer – Neil Tichkowsky – said “this is an important case” when it comes to ensuring the NWT’s corporate registry is properly exercising its mandate.
Tichkowsky argued the registrar’s decision to register Naka Power’s names was unreasonable and should have required the consent of his client.
Under the NWT’s Partnership and Business Names Act, consent is required to register a business name if the registrar believes “it is the same or similar” to the name of another business and “that name would, if used, likely confuse or mislead the public.”
Tichkowsky pointed out the registrar determined Pekelsky’s consent was required to register the name Naka Power. (Pekelsky did not give his consent in that case and the name Naka Power is not registered.)
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Tichkowsky said it was “puzzling” that the registrar did not come to the same conclusion for the names Naka Power (NWT) and Naka Power (Yellowknife). He argued adding a geographic indicator in brackets is not enough of a distinction.
Tichkowsky added that Naka Electric and Naka Power are “in very aligned industries” and both offer services to residential homeowners and industrial sites.
Naka Power wants case quashed
Chris Buchanan, the lawyer representing Naka Power, argued that the registrar’s decision was reasonable and should be upheld by the court.
He said Naka Power’s registered names are distinctive from Naka Electric and business names using the word “electric” are commonly used by electricians in Yellowknife, while the word “power” is associated with power distribution and generation companies.
Buchanan added there is “not much of an overlap” between Naka Power and Naka Electric’s clientele and the services they provide. He said, for example, that Naka Power distributes power and maintains high-voltage power lines and would not install a light fixture in a home.
Buchanan further argued that the registration of Naka Power’s names has not prevented Pekelsky from continuing to operate under the name Naka Electric. He said Pekelsky had not shown financial or reputational damage connected to Naka Power’s name use.
While the future status of the names Naka Power (NWT), Naka Power (Yellowknife) and Naka Power Utilities is in the hands of the court, other registered Naka Power names are considered to be in compliance by the corporate registry.
Those names include Naka Power Distribution, Naka Power Distribution (Yellowknife), Naka Power Distribution (NWT), Naka Power Utilities (Yellowknife) and Naka Power Utilities (NWT).
Buchanan said his clients have registered more descriptive and distinct names to ensure they are in compliance with legal requirements, as Naka Power has already spent considerable time and money rebranding.
