Industrial Designs

Like patents and copyright, protection for industrial designs is entirely derived from statute, specifically, the Industrial Design Act. According to the Act, the term “industrial design”, refers to “features of shape, configuration, pattern or ornament and any combination of those features that, in a finished article, appeal to and are judged solely by the eye”.

November 7, 2019
Pair of black and white Nike running shoes
November 7, 2019

Just Sue It: Nike Takes Skechers to Court For Copying Design Patents

Nike, Inc. v. Skechers U.S.A., Inc. – Nike claims that Skechers employs a “copying strategy” to sell “Skecherized versions” of Nike sneakers.
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November 20, 2018
November 20, 2018

USMCA, the new NAFTA: what changes we can expect in Canadian IP Law

USMCA – On September 31, 2018, Canada reached a new agreement with the USA and Mexico – here is an overview.
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April 18, 2017
April 18, 2017

SCOTUS affirms that design features incorporated into clothing may be eligible for copyright protection

580 U. S. (2017) - SCOTUS affirmed a lower court's decision that designs in the cheerleading uniforms designed, made and sold by Varsity were copyrightable material under section 101 of the Copyright Act of 1976.
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January 5, 2017
January 5, 2017

Industrial Design Registration for Helmet Face Shield Deemed Valid But Not Infringed

2016 FC 435 - In this industrial design case, the FC commented that the more crowded the field, the smaller the degree of difference required to evade the protection afforded by existing registrations.
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February 10, 2016
February 10, 2016

FCA Upholds Claim-by-Claim Construction and Test for Functionality in Industrial Designs

2015 FCA 115 - The FCA restated the law on functionality of industrial designs and the requirement that patent claims be construed on a claim-by-claim basis.
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May 23, 2015
May 23, 2015

FCA Upholds Rejection of a Motion for Particulars to Rebut Industrial Design Proprietorship

Imperial Manufacturing Group Inc v Decor Grates Incorporated, 2015 FCA 100 - Faced with the rebuttable presumption that Decor was the proprietor of the industrial design, it was on the plaintiff to adduce evidence to the contrary, not to fish for the supporting facts from Decor during pleadings.
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May 11, 2015
May 11, 2015

Hague Agreement Offers Expedited Industrial Design Registration

Beginning May 13, 2015, U.S. entities will be able to file a single international application in a single language to obtain protection for up to 100 industrial designs in over 64 territories. Canadians with U.S. relations may be able to participate.
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July 3, 2013
July 3, 2013

FC Construes Claim, Holds “a” Means “one”

Zero Spill Systems (Int’l) Inc. v. 614248 Alberta Ltd. – 2013 FC 616 This action concerns allegations of infringement of two Canadian Patents No. 2,258,064 (064 […]
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