Stross v. Trend Hunter Inc., 2021 FC 955

Justice Fuhrer - 2021-09-15

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Mr. Stross brought a simplified action in this Court for copyright infringement in which he was successful against Trend Hunter; the claim against the individual co-defendant, Jeremy Gutsche, however, was dismissed: Stross v Trend Hunter Inc., 2020 FC 201. Prothonotary Furlanetto (as she then was) presided over the simplified action and awarded Mr. Stross $3,983.40 in damages, and costs in the amount of $9,493.94. Trend Hunter now moves, under Rule 51 of the Federal Courts Rules, to appeal the Stross decision insofar as it relates to Trend Hunter. I am not persuaded that Prothonotary Furlanetto misstated or misapplied the relevant law, nor that she made any palpable and overriding errors warranting interference with the conclusions that Alexander Stross was entitled to bring this action, that Trend Hunter’s use of the Llano River Photographs was not “fair dealing,” and hence, that Trend Hunter is liable for copyright infringement. I also am not persuaded that the costs award was excessive in the circumstances.

Decision relates to:

  • T-130-18 - Alexander Stross v. Trend Hunter Inc., Jeremy Gutsche


Canadian Intellectual Property