Industrial Custom Equipment & Construction Limited et al. v. Industrial Commercial Equipment Manufacturing Ltd. et al., 2025 MBKB 121
2025-10-02
Read full decision. Summary prepared by Alan Macek:
This action involves a dispute between ICE Western Sales Ltd. (“ICEW”), and Industrial Commercial Equipment Manufacturing Ltd. (“ICEM”), and the principals of both ICEW and ICEM. ... There were a number of instances where ICEW used ICEM copyright-protected material and the intellectual property of ICEM, and passed off its units as having originated with ICEM, causing confusion in the marketplace. ... In other words, ICEW used ICEM drawings despite the fact that ICEM did not make the unit, and the customer called ICEM looking for assistance as a result. ... Regarding the copyright claim, I find there is a breach of the copyright and I find ICEW did make money from those projects. I am awarding the maximum amount of statutory damages ... The plaintiffs’ oppression claim is allowed in part, specifically in relation to the sale of assets of ICEM. The plaintiffs’ claim in relation to breach of the contract is dismissed in its entirety. The defendants’ counterclaim in relation to passing off and copyright infringement is allowed.