AFX Licensing Corp. v. HJC America Inc. et al., 2016 FC 435
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Judge | Diner, J. |
| Citation | 2016 FC 435 |
| Date | 22 April 2016 |
| Subject Matter | COPYRIGHT,PATENTS OF INVENTION |
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5 practice notes
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Crocs Canada, Inc. v. Double Diamond Distribution Ltd
...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......
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Mishan (E.) & Sons Inc. et al. v. Supertek Canada Inc. et al.
...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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'Wow Moments' and Industrial Design Infringement
...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 "......
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“Wow Moments” and Industrial Design Infringement
...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 “......
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2 cases
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Crocs Canada, Inc. v. Double Diamond Distribution Ltd,
...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.,
...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......
3 firm's commentaries
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“Wow Moments” and Industrial Design Infringement
...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
...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 "......
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An Industrial Design Registration For A Helmet Face Shield Is Found To Be Valid, But Not Infringed (Intellectual Property Weekly Abstracts - Week of May 9, 2016)
...design registration for a helmet face shield is found to be valid, but not infringed AFX Licensing Corporation v. HJC America, Inc., 2016 FC 435 The Federal Court has found that while the Plaintiff AFX's industrial design is valid, the Defendants have not infringed AFX's industrial design i......