French v. The Royal Canadian Legion (Dominion Command), 2024 FCA 63
Justice Goyette; Justice Locke; Justice Woods - 2024-03-27
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The court decision revolves around the interpretation of subsection 64(2) of the Copyright Act concerning copyright and moral rights infringement issues related to a design applied to a useful object. The appellant created a plush toy, the Poppy Puppy, and sold a significant quantity to the respondent. Over a decade later, the appellant alleged copyright and moral rights infringement based on a statement by the respondent in their catalogue. The court reviewed the legislative intent behind subsection 64(2) to restrict copyright and moral rights for designs reproduced in industrial quantities. While the appellant argued moral rights infringement, the court found that the respondent’s actions fell within the protection of subsection 64(2). With statutory interpretation principles in mind, the court contemplated the nuances of the legislation and concluded that the appellant's claims of infringement were not substantiated, leading to the dismissal of the appeal.
Decision relates to:
- A-158-23 - LEONARD B FRENCH v. THE ROYAL CANADIAN LEGION (DOMINION COMMAND) which is an appeal from 2023 FC 749 in T-1441-21