Mapeze Inc. v. Destination Ontario Inc.

Mapeze Inc. v. Destination Ontario Inc.

Summary judgment is dismissed because material factual disputes remain on essential issues — the precise content and status of files on the Defendant's CD, the timing and scope of the license under the MOU (including whether use post-November 8, 2002 was authorized), and conflicting expert evidence on copying and actual use — making credibility and fact-finding at trial necessary and precluding a clear conclusion of infringement or passing off on the record before the motions judge.

Citation
2006 FC 25
Parties
Plaintiff: Mapeze Inc.; Defendant (corporate): Destination Ontario Inc.; Defendant (individual): Mr. Gary B. Clarke; Defendant (individual): Mr. Blake Cram; Defendant (individual): Mr. Neil Dick
Court
Federal Court
Jurisdiction
Canada
Judgment Date
13 January 2006
Procedural Posture
Copyright Infringement and Passing Off (software) / Motion for Summary Judgment (rule 213) – Motion Dismissed
Outcome
Motion for summary judgment dismissed with costs awarded to the Defendants.
Legal Topics
Summary Judgment, Copyright Infringement, Passing Off, Software Licensing, Expert Evidence, Possession Vs Use
Source Language
English
Copyright Law Intellectual Property Civil Procedure Contract Law Evidence (expert Testimony) Summary Judgment Copyright Infringement Passing Off +3 more

Case Brief

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Parties

Mapeze Inc.

Plaintiff

Destination Ontario Inc.

Defendant (corporate)

Mr. Gary B. Clarke

Defendant (individual)

Mr. Blake Cram

Defendant (individual)

Mr. Neil Dick

Defendant (individual)

Procedural Posture

Copyright Infringement and Passing Off (software) / Motion for Summary Judgment (rule 213) – Motion Dismissed

Legal Issues

  1. 1 Whether Defendant infringed Plaintiff's copyright in MAPEZE
  2. 2 Whether Defendant passed off MAPMAESTRO as MAPEZE
  3. 3 Whether there is a genuine issue for trial such that summary judgment is inappropriate

Ratio Decidendi

Summary judgment is dismissed because material factual disputes remain on essential issues — the precise content and status of files on the Defendant's CD, the timing and scope of the license under the MOU (including whether use post-November 8, 2002 was authorized), and conflicting expert evidence on copying and actual use — making credibility and fact-finding at trial necessary and precluding a clear conclusion of infringement or passing off on the record before the motions judge.

Court Disposition

Motion for summary judgment dismissed with costs awarded to the Defendants.

Orders

  • Motion for summary judgment dismissed.
  • Costs awarded to the Defendants.