Melnor Manufacturing Ltd. et al. v. Lido Industrial Products Ltd.

Melnor Manufacturing Ltd. et al. v. Lido Industrial Products Ltd.

Under the Act only the proprietor as defined in s.12 (the author or the person for whom the author executed the design for valuable consideration) may apply to register a design; an assignee is not entitled to register prior to recording an assignment against an already registered design; the registration in International's name was invalid because International was neither the author nor the person for whom the author executed the design; the nunc pro tunc assignment and the agency argument did not cure the defect, therefore the appeal and cross-appeal are dismissed.

Citation
[1971] SCR 72
Parties
Appellant/plaintiff: Melnor Manufacturing Ltd.; Appellant/plaintiff: Melnor Sales Ltd.; Respondent/defendant: Lido Industrial Products Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 April 1970
Procedural Posture
Intellectual Property Industrial Design Infringement Appeal / Final Decision by Supreme Court of Canada on Appeal From Exchequer Court of Canada
Outcome
Appeal dismissed with costs; cross-appeal dismissed without costs
Legal Topics
Proprietorship, Registration, Assignment, Nunc Pro Tunc, Agency, Infringement, Validity of Registration
Source Language
English
Intellectual Property Industrial Design Proprietorship Registration Assignment Nunc Pro Tunc Agency Infringement +1 more

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Parties

Melnor Manufacturing Ltd.

Appellant/plaintiff

Melnor Sales Ltd.

Appellant/plaintiff

Lido Industrial Products Limited

Respondent/defendant

Procedural Posture

Intellectual Property Industrial Design Infringement Appeal / Final Decision by Supreme Court of Canada on Appeal From Exchequer Court of Canada

Legal Issues

  1. 1 Who is the proprietor entitled to register an industrial design under the Industrial Design and Union Label Act
  2. 2 Whether an assignee may register a design prior to recording an assignment
  3. 3 Whether a nunc pro tunc assignment can validate a registration obtained by a non-proprietor

Ratio Decidendi

Under the Act only the proprietor as defined in s.12 (the author or the person for whom the author executed the design for valuable consideration) may apply to register a design; an assignee is not entitled to register prior to recording an assignment against an already registered design; the registration in International's name was invalid because International was neither the author nor the person for whom the author executed the design; the nunc pro tunc assignment and the agency argument did not cure the defect, therefore the appeal and cross-appeal are dismissed.

Court Disposition

Appeal dismissed with costs; cross-appeal dismissed without costs

Orders

  • Appeal dismissed with costs
  • Cross-appeal dismissed without costs