United Airlines, Inc. v. Cooperstock, 2017 FC 616

Justice Phelan - 2017-06-23

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This is an action relating to the alleged infringement by the Defendant, Dr. Jeremy Cooperstock, the owner-operator of the website, of trademarks and copyright owned by the Plaintiff, United Airlines. There are five issues to be determined: 1) Has the Defendant infringed the Plaintiff’s trademarks contrary to s 20(1)(a) of the Trade-marks Act? 2) Has the Defendant directed public attention to his services offered on in a way as to cause or be likely to cause confusion with the services of the Plaintiff contrary to s 7(b) of the Trade-marks Act? Has the Defendant passed off the services offered on as those of the Plaintiff contrary to s 7(c) of the Trade-marks Act? 3) Has the Defendant used the Plaintiff’s trademarks in a manner susceptible of depreciating the value of the goodwill attached thereto contrary to s 22 of the Trade-marks Act? 4) Has the Defendant infringed the Plaintiff’s copyright in the United Website, the United Logo, and the Globe Design, contrary to the Copyright Act? 5) Has the Plaintiff engaged in delay or abuse of process? ... For these reasons, I find that the Defendant has infringed the Plaintiff’s registered trademarks and copyright.

Decision relates to:


Canadian Intellectual Property