9220-8883 Quebec inc. vs. Girard, 2021 QCCS 410


Read full decision. Summary prepared by Alan Macek:

The plaintiffs maintain that Girard is acting in a deceptive manner and is engaging in unfair competition towards them by using, without rights, the name “Lévis Ville du Rock” and diverts the goodwill using the Facebook page of “Lévis Ville du Rock” for his benefit contrary to articles 1457, 1375, 6 and 7 C.cQ as well as s7b of the Trademarks Act and sections 2 and 3 of the Copyright Act. ... In light of the evidence adduced during the hearing, the Tribunal concludes that at no time is Girard, in one way or another, the owner of any copyright with respect to the “Lévis Ville du Rock” competition or on the Facebook page ... he was an employee at the time. ... In these circumstances, the Court has no hesitation in concluding that the name “Lévis Ville du Rock” and “Ville du Rock” as well as the Facebook page “Lévis Ville du Rock” belong to the plaintiffs. ... this approach clearly constitutes a breach of his obligation to perform his contractual obligations in good faith. However, at that time, the contract, which only binds the parties, only existed between 9286 and Mr. Girard. In the absence of a complaint from 9286, the Court cannot sanction Mr. Girard on this subject, even if he deserves it. (based on a translation)


Canadian Intellectual Property