Crocs Canada, Inc. v. Double Diamond Distribution Ltd, 2022 FC 1443
Justice Fuhrer - 2022-10-21
Read full decision. Automatically generated summary:
The crux of this dispute involves the validity of the Plaintiffs’ Canadian Industrial Design. ... As explained below, I find that the 939 Design, now expired, was valid and subsisting during the relevant three-year period before the Plaintiffs commenced their action, and that the Defendant infringed it. As a consequence, the Plaintiffs are entitled to an accounting of the Defendant’s profits ... I agree with the Plaintiffs’ expert, Mr. Whatley, that the 939 Design and Fleece Dawgs shoe are “nigh identical,” with slight ornamentation differences, in that they share key features that are absent from the applicable prior art, i.e. the overall shape, the fold over fleece collar, the decorative discs, and the lining visible through the fingertip sized holes in the band or vamp on the front top of the shoe. ... In my view, the Defendant essentially relied on the Plaintiffs to make its case concerning the Defendant’s permitted deductible expenses which, with the benefit of hindsight, was not prudent. ... In the circumstances, Plaintiffs are entitled to a declaration that the Defendant has infringed the 939 Design. In addition, I award the Plaintiffs an accounting of the Defendant’s profits in the amount of $649,779.17, together with pre-judgment interest only up to March 20, 2022 in the amount of $44,321.69.
Decision relates to:
- T-1662-17 - CROCS CANADA, INC. AND CROCS INC. v. DOUBLE DIAMOND DISTRIBUTION LTD.
- A-249-22 - which is an appeal from this decision