Archive for April, 2008

Distinguishing Guise or Partly Functional?: Trial Required

Posted by Larry Munn on April 1st, 2008

In Crocs Canada Inc. v. Holey Soles Holdings Ltd. the Defendants, Holey Soles, sought summary judgment dismissing Crocs Canada’s claim of copyright infringement and passing-off under the Trade-marks Act. At issue was plastic footwear sold by Crocs Canada. The footwear features distinctive holes placed in the upper portion, as well as side venting. Prior to 2004, [...]

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