AFX Licensing Corp. v. HJC America Inc. et al., 2016 FC 435

JurisdictionFederal Jurisdiction (Canada)
CourtFederal Court (Canada)
JudgeDiner, J.
Citation2016 FC 435
Date22 April 2016
Subject MatterCOPYRIGHT,PATENTS OF INVENTION

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5 practice notes
  • Crocs Canada, Inc. v. Double Diamond Distribution Ltd
    • Canada
    • Federal Court (Canada)
    • October 21, 2022
    ...to the rebuttable presumption of originality applicable in this matter: ID Act, s 7(3); AFX Licensing Corporation v HJC America, Inc, 2016 FC 435 [AFX] at para 101. [80] According to the Supreme Court, “to constitute an original design there must be some substantial difference betwee......
  • Mishan (E.) & Sons Inc. et al. v. Supertek Canada Inc. et al.
    • Canada
    • Federal Court (Canada)
    • June 3, 2016
    ...Diner of this Court referred to the requirements of originality in his recent decision in AFX Licencing Corporation v HJC America, Inc. , 2016 FC 435 at paragraphs 106 to 111 : [106] Unlike the grounds in subsection 6(1) and paragraph 6(3)(a), which the Act clearly describes, originality is......
  • 'Wow Moments' and Industrial Design Infringement
    • Canada
    • Mondaq Canada
    • June 28, 2016
    ...it cannot have been published more than a year before application for registration. In AFX Licensing Corporation v. HJC America, Inc., 2016 FC 435 (CanLII), the court decided that AFX's industrial design registration was valid but was not infringed by the HJC product because the court saw "......
  • “Wow Moments” and Industrial Design Infringement
    • Canada
    • JD Supra Canada
    • June 28, 2016
    ...it cannot have been published more than a year before application for registration. In AFX Licensing Corporation v. HJC America, Inc., 2016 FC 435 (CanLII), the court decided that AFX’s industrial design registration was valid but was not infringed by the HJC product because the court saw “......
  • Get Started for Free
2 cases
  • Crocs Canada, Inc. v. Double Diamond Distribution Ltd,
    • Canada
    • Federal Court (Canada)
    • October 21, 2022
    ...to the rebuttable presumption of originality applicable in this matter: ID Act, s 7(3); AFX Licensing Corporation v HJC America, Inc, 2016 FC 435 [AFX] at para 101. [80] According to the Supreme Court, “to constitute an original design there must be some substantial difference betwee......
  • Mishan (E.) & Sons Inc. et al. v. Supertek Canada Inc. et al.,
    • Canada
    • Federal Court (Canada)
    • June 3, 2016
    ...Diner of this Court referred to the requirements of originality in his recent decision in AFX Licencing Corporation v HJC America, Inc. , 2016 FC 435 at paragraphs 106 to 111 : [106] Unlike the grounds in subsection 6(1) and paragraph 6(3)(a), which the Act clearly describes, originality is......
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