Lickerish, Ltd. v. Airg Inc., 2020 FC 1128

Proth. Aylen - 2020-12-07

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This action, brought under the Court’s simplified procedure, is a copyright infringement action relating to the alleged unauthorized use of two photographs of Meghan Markle on the Defendant’s website. ... For the reasons that follow, I conclude that the Plaintiff does not have standing to assert copyright infringement in relation to the Photographs and accordingly, the claim of copyright infringement is dismissed. ... In light of my findings regarding the inadmissibility of paragraph 10 of Mr. Williams’ affidavit and the Certificate of Registration, I find that the Plaintiff has not established that Mr. Loiseau is the owner of the copyright in the Photographs. In making this finding, I leave open the possibility that Mr. Loiseau is the owner of the copyright. However, there is simply no admissible evidence before the Court upon which I can make such a finding in this case. In the absence of a determination that Mr. Loiseau is the owner of the copyright, the Plaintiff cannot establish, on a balance of probabilities, that it received an exclusive license from the owner of the copyright in the Photographs so as to have standing to bring this action.

Decision relates to:


Canadian Intellectual Property