Double Diamond Distribution Ltd. v. Crocs Canada, 2024 FCA 204
Justice Gleason; Justice Locke; Justice Heckman - 2024-11-29
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In the appeal concerning the validity of a Canadian Industrial Design and an alleged infringement, the Federal Court's decisions were upheld. The appellant contested two rulings: the first affirmed the validity of the design and found infringement, resulting in an accounting of profits, while the second ordered the appellant to pay costs to the respondents. The appellant sought to introduce new evidence related to costs, but both motions were dismissed due to inadequate justification and lack of relevance to the appeals. The court confirmed that the applicable standards of review were met, concluding there were no reviewable errors in the liability or costs decisions. The court reiterated that disagreements regarding evidence and its interpretation do not warrant an appeal unless a palpable and overriding error is demonstrated. Consequently, both appeals were dismissed with costs.
Decision relates to:
- A-102-23 - Double Diamond Distribution LTD v. Crocs Canada Inc et al.
- A-249-22 - CROCS CANADA, INC. ET AL v. DOUBLE DIAMOND DISTRIBUTION LTD. which is an appeal from 2022 FC 1443 in T-1662-17