United Airlines, Inc. v. Cooperstock
- Citation
- 2017 FC 617
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Federal Court
- Decision
- 23 June 2017
- Posture
- Intellectual Property (trademark and Copyright Infringement) / Final Judgment
- Language
- English
More details
- Court
- Federal Court
- Decision
- 23 June 2017
- Posture
- Intellectual Property (trademark and Copyright Infringement) / Final Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Defendant infringed the Plaintiff's trademarks and copyright; accordingly the Plaintiff is entitled to injunctive relief restraining use of the United marks and to its costs, with the Court retaining jurisdiction to settle the specific terms of the injunction and costs if the parties cannot agree.
Court disposition
Judgment for the Plaintiff. Declarations of trademark and copyright infringement granted; injunction and costs awarded; Court retains jurisdiction.
Orders
- The Defendant has infringed the Plaintiff's trademarks and copyright as described in the Reasons.
- The Plaintiff is entitled to an injunction restraining the Defendant's use of the United Marks and copyrighted mark; parties to serve and file written submissions regarding the terms within 45 days and may file responses within 15 days; Court may order an oral hearing.
- The Plaintiff is entitled to its costs which shall be settled by the Court if parties cannot agree; parties may file written submissions on costs of not more than five pages within 45 days.
- The Court retains jurisdiction over this matter to address any issues arising from the Judgment and Reasons.
02
Material facts
Parties
United Airlines, Inc.
PlaintiffJeremy Cooperstock
DefendantAmounts and remedies
- Days for Submissions: 45
03
Procedural history
Posture
Intellectual Property (trademark and Copyright Infringement) / Final Judgment
04
Questions and positions
Legal issues
- 01
Whether the Defendant infringed the Plaintiff's registered trademarks
- 02
Whether the Defendant infringed the Plaintiff's copyright
- 03
Whether injunctive relief and costs are appropriate remedies
- 04
Whether the Court should retain jurisdiction to settle terms of relief
Party arguments
- Applicant
- Plaintiff alleged the Defendant used the United marks and a copyrighted mark in a manner that infringed its trademark rights and copyright and sought declarations, an injunction and costs.
- Respondent
- Defendant denied liability and asserted defenses to infringement (including non-infringement and/or fair use), opposed the breadth of relief sought and questioned entitlement to costs.
05
Court’s reasoning
Legal principles
- 01
Trade-marks Act and Canadian trademark jurisprudence
Trademark infringement assessed by use of the mark and likelihood of confusion
- 02
Copyright Act and Canadian copyright jurisprudence
Copyright infringement requires unauthorized exercise of exclusive rights under the Copyright Act
- 03
Equitable remedies principles (e.g. RJR-MacDonald test for interlocutory relief applied in Canadian law)
Equitable relief by injunction granted where infringement is established and appropriate relief is warranted; courts may require submissions on specific terms
06
Ratio, limits and disposition
Ratio decidendi
The Defendant infringed the Plaintiff's trademarks and copyright; accordingly the Plaintiff is entitled to injunctive relief restraining use of the United marks and to its costs, with the Court retaining jurisdiction to settle the specific terms of the injunction and costs if the parties cannot agree.
Obiter and limits
- Court directed parties to file written submissions on the terms of the injunction and on costs within specified timelines
- Court indicated it may order an oral hearing on the terms of the injunction
- Court expressly retained jurisdiction to address issues arising from the judgment
Court disposition
Judgment for the Plaintiff. Declarations of trademark and copyright infringement granted; injunction and costs awarded; Court retains jurisdiction.
- The Defendant has infringed the Plaintiff's trademarks and copyright as described in the Reasons.
- The Plaintiff is entitled to an injunction restraining the Defendant's use of the United Marks and copyrighted mark; parties to serve and file written submissions regarding the terms within 45 days and may file responses within 15 days; Court may order an oral hearing.
- The Plaintiff is entitled to its costs which shall be settled by the Court if parties cannot agree; parties may file written submissions on costs of not more than five pages within 45 days.
- The Court retains jurisdiction over this matter to address any issues arising from the Judgment and Reasons.
Source and reliance status
Federal Court · 23 June 2017
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Federal Court
Judgment· 23 June 2017
United Airlines, Inc. v. Cooperstock Court (s) Database Federal Court Decisions Date 2017-06-23 Neutral citation 2017 FC 617 File numbers T-2084-12 Notes Reported Decision Decision Content Date: 20170623 Docket: T-2084-12 Citation: 2017 FC 617 Ottawa, Ontario, June 23, 2017 PRESENT: The Honourable Mr. Justice Phelan BETWEEN: UNITED AIRLINES, INC. Plaintiff and
JEREMY COOPERSTOCK Defendant
JUDGMENT FOR THE REASONS GIVEN, THE COURT DECLARES THAT: 1. The Defendant has infringed the Plaintiff’s trademarks and copyright as described in the Reasons.
2. The Plaintiff is entitled to an injunction restraining the Defendant’s use of the United Marks and copyrighted mark on such terms as the Court may settle. The parties are to serve and file written submissions regarding the terms of the injunction of no more than 20 pages within 45 days of the release of this Judgment and each party may file a brief response of no more than five (5) pages within 15 days following the service of the respective submissions. The Court may order an oral hearing on this matter.
3. The Plaintiff is entitled to its costs which shall be settled by the Court in the event that parties cannot agree. The parties may file written submissions on costs of not more than five (5) pages (not including a form of draft Bill of Costs) within 45 days of the release of this Judgment.
4. The Court retains jurisdiction over this matter to address any issues arising from the Judgment and Reasons. “Michael L. Phelan” Judge
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