Gold Line Telemanagement Inc. v. Ereele Gmbh and Honar Aval Pardisan Pasargad Co., 2025 FC 904
Justice Whyte Nowak - 2025-05-16
Read full decision. Automatically generated summary:
Starting in February 2020, the Defendants accused the Plaintiffs of offering films and film series on their platform which the Defendants claimed to own copyright in. The Defendants filed complaints with third party application [app] stores, including Instagram and Apple. The Plaintiffs contend that copyright does not subsist in the films and film series and therefore, the complaints constitute false and misleading statements that have harmed their business. ... For the reasons that follow, I find this motion is amenable to summary judgment and the Plaintiffs are entitled to declaratory relief in connection with the Defendants’ failure to prove the subsistence and enforceability of their copyright in Canada. However, I find that the Plaintiffs have not established their claim under paragraph 7(a) of the Trademarks Act. Accordingly, the Plaintiffs are entitled to partial summary judgment.
Decision relates to:
- T-717-20 - GOLD LINE TELEMANAGEMENT INC. ET AL. v. EREELE GMBH