Techno-Pieux Inc. v. Techno Piles Inc., 2023 FC 581
Justice Crampton - 2023-04-24
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In this Motion for summary trial, the Plaintiff, Techno-Pieux, seeks a broad range of declaratory, injunctive, and mandatory relief against the Defendants in relation to alleged infringements of the Plaintiff’s trademark rights and copyright. The Plaintiff also seeks $40,000 in damages. ... For the reasons set forth below, I find that the corporate Defendants are deemed to have infringed the Plaintiff’s rights in the Registered Marks, contrary to paragraph 20(1)(a) of the TM Act. I also find that those Defendants have contravened section 22 and paragraph 7(1)(b) of the TM Act. In addition, I find that those Defendants have infringed certain of the Plaintiff’s Copyrighted Works. Accordingly, I will grant the declaratory, injunctive, and mandatory relief sought by the Plaintiff, except in relation to one of the Plaintiff’s Copyrighted Works, which I find has not been infringed. I will also order the corporate Defendants to pay $30,000 in damages. ... This Motion for summary trial was filed after I dismissed the Parties’ respective Motions for summary judgment in May of last year [see 2022 FC 721].
Decision relates to:
- T-969-21 - TECHNO-PIEUX INC. v. TECHNO PILES INC., MATHIEU BERGEVIN AND RONDA BERTRAM