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ARTICLE · 18 JANUARY 2023

Consider Summary Judgement Or Trial In The Federal Court

A decision of the Federal Court illustrates the advantages associated with the summary judgement/trial approach used by the Court. Techno-Pieux Inc. v. Techno Piles Inc. 2022...

CanadaIntellectual Property

A decision of the Federal Court illustrates the advantages associated with the summary judgement/trial approach used by the Court. Techno-Pieux Inc. v. Techno Piles Inc. 2022 FC 721

The Facts

The plaintiff is a Quebec-based supplier of helical piles and associated materials and machinery for residential and industrial applications. It markets and sells its products throughout Canada and abroad. The plaintiff owns four registered trademarks relating to the trademarks TECHNO PIEUX and TECHNO METAL POST and two design versions of the marks which include a representation of a metal post as shown below

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collectively the "Registered Trademarks".

The plaintiff also asserted the copyright in the two design versions of its marks was infringed.

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