Cavan Speciality Advertising Ltd. v. Les Promotions Universelles Inc., 2025 FC 205
Justice Gascon - 2025-01-31
Read full decision. Automatically generated summary:
The defendant, LPU, brings a motion for summary judgment pursuant to section 213 of the Federal Courts Rules. This Motion is filed in the context of an action for copyright infringement brought by the plaintiff ... In its Motion, LPU seeks a summary judgment dismissing the Action on the following grounds: (i) the Action raises no genuine issue requiring a trial; (ii) Cavan has not met its burden of proof that there is such an issue, as its evidence is flawed; and (iii) the Action may alternatively be decided on the basis of a single question of law. ... For the reasons that follow, the Motion will be dismissed. I find that, at this stage, the Action’s legal basis is not clearly without merit and that there is therefore a genuine issue for trial. More specifically, LPU’s specific combination and arrangement of some of the features from the Cavan Design — including its tagline — raises a genuine possibility that the LPU Design reproduces a substantial part of the Cavan Design.
Decision relates to:
- T-824-23 - CAVAN SPECIALTY ADVERTISING LTD v. LES PROMOTIONS UNIVERSELLES INC ET AL