Hollick Solar Systems Ltd. v. Matrix Energy Inc., 2011 FC 1213

Justice Scott - 2011-10-31

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The plaintiffs, Hollick Solar Systems Limited (HOLLICK) and Conserval Engineering Inc. (CONSERVAL), claim that the defendant, Matrix Energy Inc. (MATRIX) has infringed their Canadian Patent No 1,326,619 (the '619 patent), more particularly claims 1 and 10, by selling a solar air heating system known as the MatrixAir system (MatrixAir). The plaintiffs also claim the infringement and depreciation of the value of the goodwill of the Trade-mark TMA 371,622 (SOLARWALL Trade-mark). Finally, the plaintiffs claim that the defendant has passed-off its solar air heating systems for those of CONSERVAL. Their action is based on section 55 of the Patent Act (RSC, 1985, c P-4) (Patent Act) and the Trade-marks Act (RSC, 1985, c T-13) (Trade-marks Act). For ease of reference, the relevant articles of both Patent Act and Trade-marks Act have been appended hereto as Appendix A and B.

Decision relates to:


Canadian Intellectual Property