2572495 Ontario Inc. v. Terlin Construction Ltd., 2024 FC 1366
Justice Fuhrer - 2024-08-30
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The Defendant sought summary judgment in a case arising from a business collaboration amidst the 2020 COVID-19 pandemic. The parties engaged in an oral profit-sharing agreement to sell plexiglass shields, leading to a breakdown in their relationship. The Plaintiff claimed ownership of copyright, industrial design, and trademark rights resulting from the collaboration, which the Defendant disputed. The court granted the Defendant's motion regarding the Plaintiff's copyright registration but dismissed the remaining issues for lack of demonstrated summary disposition suitability. The Plaintiff and Defendant had counterclaims involving conflicting intellectual property rights related to the EZGARD products. The court found the EZGARD Copyright Registration invalid, resulting in its removal from the register, and struck corresponding claims. The case involved complex issues of ownership of intellectual property rights and enforceable trademark claims.
Decision relates to:
- T-976-20 - 2572495 ONTARIO INC. v. TERLIN CONSTRUCTION LTD.