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Decisions matching the current search
The Federal Court partly granted summary judgment, expunging a copyright registration for EZGARD packaging, but left industrial design and trademark ownership issues for trial.
The Federal Court awarded Crocs lump sum costs of $232,861.15, finding Tariff B inadequate and reducing certain overhead disbursements.
The Federal Court found Crocs’ 939 industrial design valid and infringed by Double Diamond’s Fleece Dawgs, and awarded Crocs an accounting of profits.
The Federal Court dismissed claims over playground structures, finding no protectable distinguishing guise, no passing off, and a copyright defense under s. 64(2).
Federal Court costs decision awarding the defendant a $90,000 lump sum after the plaintiffs lost on the industrial design and unfair competition claims.
The Federal Court dismissed Bodum’s industrial design infringement claim and allowed Trudeau’s counterclaim, holding the registered designs invalid for lack of substantial originality.
The Federal Court dismissed an appeal and upheld striking pleadings seeking declarations of non-infringement of industrial designs for lack of jurisdiction.
The Federal Court dismissed the defendant’s motion for particulars and production, holding the statement of claim was sufficient to permit a defence and that discovery was the proper stage for further detail.
The Federal Court allowed a discovery motion in an industrial design case, holding that questions on tire utility, functionality, and testing were relevant.
The Federal Court dismissed a summary judgment motion in a Crocs passing off and copyright case, finding factual issues on functionality and statutory exceptions.
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