AFX Licensing Corporation v. HJC America, Inc, 2016 FC 435
Justice Diner - 2016-04-22
Read full decision. Automatically generated summary:
In this action, the Plaintiff claims that the Defendants infringed its registered industrial design – “Helmet Face Shield”, Can ID No 133964 – which purports to protect the visor, or face shield, portion of a snowmobile helmet. It seeks an injunction and damages for infringement under the Industrial Design Act. The Defendants allege by counterclaim the invalidity of the design and request that this Court expunge it from the Register of Industrial Designs. The Defendants also allege that in holding out the design as valid, the Plaintiff has infringed subsection 7(d) of the Trade-Marks Act. For the reasons outlined below, I find that while the ID is valid, the Defendants have not infringed it. As a result of the design’s validity, the Defendants’ subsection 7(d) arguments are moot.
Decision relates to:
- T-1110-12 - AFX LICENSING CORP. v. HJC AMERICA, INC. ET AL
- A-160-16 - which is an appeal from this decision
- T-491-14 - AFX LECENSING CORPORATION v. ROYAL DISTRIBUTING INC.