Techno-Pieux Inc. v. Techno Piles Inc.

Techno-Pieux Inc. v. Techno Piles Inc.

Both summary judgment motions were dismissed because, although plaintiff established resemblance, distinctiveness and use factors favouring it, the defendants raised genuine issues for trial—notably regarding the nature of the trade/nature of customers and whether that would mitigate likelihood of confusion, and regarding independent creation/rebuttal of copying for copyright—so the court could not conclude there was no genuine issue for trial; proceeding ordered to summary trial.

Citation
2022 FC 721
Parties
Plaintiff / Defendant by Counterclaim: Techno-Pieux Inc.; Defendant / Plaintiff by Counterclaim: Techno Piles Inc.; Defendant / Plaintiff by Counterclaim: Techno Metal Post Medicine Hat Inc.; Defendant / Plaintiff by Counterclaim: Techno Metal Post Fort McMurray Inc.; Defendant / Plaintiff by Counterclaim: Mathieu Bergevin; Defendant / Plaintiff by Counterclaim: Ronda Bertram
Court
Federal Court
Jurisdiction
Canada
Judgment Date
13 May 2022
Procedural Posture
Intellectual Property (trademarks and Copyright) / Motions for Summary Judgment Decided; Proceeding Ordered to Summary Trial
Outcome
Both motions for summary judgment dismissed; underlying action to proceed by summary trial; limited costs awarded to plaintiff
Legal Topics
Summary Judgment, Trademark Infringement, Depreciation of Goodwill, Passing Off, False Representations, Copyright Infringement, Piercing Corporate Veil, Expungement, Costs, Summary Trial
Source Language
English
Intellectual Property Trademarks Copyright Civil Procedure Summary Judgment Trademark Infringement Depreciation of Goodwill Passing Off +6 more

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Parties

Techno-Pieux Inc.

Plaintiff / Defendant by Counterclaim

Techno Piles Inc.

Defendant / Plaintiff by Counterclaim

Techno Metal Post Medicine Hat Inc.

Defendant / Plaintiff by Counterclaim

Techno Metal Post Fort McMurray Inc.

Defendant / Plaintiff by Counterclaim

Mathieu Bergevin

Defendant / Plaintiff by Counterclaim

Ronda Bertram

Defendant / Plaintiff by Counterclaim

Procedural Posture

Intellectual Property (trademarks and Copyright) / Motions for Summary Judgment Decided; Proceeding Ordered to Summary Trial

Legal Issues

  1. 1 Whether TECHNO PILES tradenames/marks are confusingly similar to Techno-Pieux's registered marks under s.20(1)(a) of the Trademarks Act
  2. 2 Whether defendants' use of TECHNO PILES depreciated the goodwill attaching to the registered marks under s.22
  3. 3 Whether defendants contravened s.7(b) (passing off) and s.7(d) (false descriptions) of the Trademarks Act

Ratio Decidendi

Both summary judgment motions were dismissed because, although plaintiff established resemblance, distinctiveness and use factors favouring it, the defendants raised genuine issues for trial—notably regarding the nature of the trade/nature of customers and whether that would mitigate likelihood of confusion, and regarding independent creation/rebuttal of copying for copyright—so the court could not conclude there was no genuine issue for trial; proceeding ordered to summary trial.

Court Disposition

Both motions for summary judgment dismissed; underlying action to proceed by summary trial; limited costs awarded to plaintiff

Orders

  • Plaintiff's Motion for summary judgment is dismissed.
  • Defendants' Cross-Motion for summary judgment is dismissed.