Piscines Nautika inc. c. Fibre Design inc., 2018 QCCS 3875


Read full decision. Summary prepared by Alan Macek:

The plaintiff sought an injunction and damages for copyright infringement in fibreglass pools designs as well as breach of confidence. The Court found that the plaintiff had title to the designs through an asset purchase and that the founders were employees for the purposes of copyright ownership. The Court found that copyright did not exist in the pool designs as the plaintiff had not demonstrated the fundamental characteristic which differentiates it from the competition, and was not dictated by the building codes or manufacturing requirements. On infringement, the Court found that the defendant's designs did not correspond to those of the plaintiff, and in some cases more than 50 were sold, an exception under 64(2). The claim for misuse of confidential information was also denied, including on the basis that reverse engineering was not wrongful. (Summary based on a translation)


Canadian Intellectual Property