Pyrrha Design Inc. v. Plum and Posey Inc., 2019 FC 129
Justice Phelan - 2019-01-30
Read full decision. Automatically generated summary:
These are the Reasons for Judgment dismissing the Plaintiff’s claim for copyright infringement in respect of nine (9) pieces of jewellery. ... The Plaintiff claims that the nine Defendants’ designs [Plum and Posey Designs] have infringed those nine Plaintiff’s wax seal jewellery designs [Pyrrha Designs] contrary to s 3(1) and 27 of the Copyright Act. ... For the reasons that follow, the Court has concluded that even if the Plaintiff owns copyright in the Pyrrha Designs, neither of the Defendants has infringed such copyright. Therefore, no declaration will issue and the claim for damages and injunction are dismissed with costs. ... Looking at the Pyrrha Designs and the Plum and Posey works as a whole, none of the Plum and Posey works copied a substantial part of the skill and judgment in the Pyrrha Designs. In so concluding, I have applied a relatively higher threshold of similarity given the simplicity of the works and in order to avoid limiting the use of designs and techniques in the public domain.
Decision relates to:
- T-2022-13 - PYRRHA DESIGN INC. v. PLUM AND POSEY INC.; AND ADRINNA M. HARDY
- A-98-19(2022 FCA 7) - which is an appeal from this decision