Sheppard v. C S Design Inc., 2023 FC 413
Justice Régimbald - 2023-03-24
Read full decision. Automatically generated summary:
In this case, and as presently advised on this interlocutory motion, there appear to be at least two layers of issues: a) whether WIP WAP, from a general standpoint, is substantially similar to Wave-Filed and Impulse; b) whether LO has any copyright in the design of the Impulse physical luminous seesaws, and if yes, whether there was a substantial reproduction in the seesaws used in Wave-Filed and WIP WAP. ... In any event, the Court does not need to make a final determination on this particular point. In my view, and even presuming that the Plaintiffs have met a strong prima facie case, their request for injunctive relief fails to demonstrate irreparable harm. ... Because WIP WAP is commercially exploited, the Plaintiffs appear likely to recover a monetary award if they are successful at trial. ... As for any irreparable harm caused to the Plaintiffs’ moral rights, control over the original work, loss of clients, dilution, or any commercial viability, the evidence produced at this point does not demonstrate that any harm suffered by the plaintiffs cannot be remedied by a monetary award if they succeed at trial.
Decision relates to:
- T-481-23 - LOLA SHEPPARD, DBA LATERAL OFFICE ET AL v. C S DESIGN INC. ET AL