Patterned Concrete Mississauga Inc. v. Bomanite Toronto Ltd., 2021 FC 314

Justice Pallotta - 2021-04-12

Read full decision. Automatically generated summary:

Patterned Concrete ... commenced an action for copyright infringement alleging that its competitor, Bomanite, infringed the copyright subsisting in a quotation form, a contract form, and a limited warranty certificate used in connection with Patterned Concrete’s business. Patterned Concrete now moves for summary judgment in its favour on all issues of copyright infringement raised in the action, alleging there are no genuine issues that would require a trial. ... In my view, P.S. Knight (2018 FCA 222) does not establish a rule that section 53 of the Copyright Act will only apply if a certificate of registration was obtained in the ordinary course of business, and not in contemplation of litigation. ... In my view, a side-by-side comparison of the two sets of forms demonstrates substantial similarity between Bomanite’s forms and the Works, in content and in the format. ... In my view, Bomanite has failed to establish that the elements of similarity were due to a commonality of terms rather than copied from Patterned Concrete’s forms, or independently created. ... I consider an award of $8,000 per work, for a total statutory damages award of $24,000, to be a just result and a reasonable assessment in view of all of the circumstances of the case.

Decision relates to:

  • A-141-21 - which is an appeal from this decision


Canadian Intellectual Property