In what circumstances will a designer be able to assert copyright to a "sleeve chart" designed to operate as a pattern for cutting out sleeves?

Canada (Federal), Canada

The following excerpt is from Apple Computer, Inc. v. 11578 Canada Inc, 1986 CanLII 4045 (FC):

In Hollinrake v. Truswell it was sought to assert copyright in a "sleeve chart" designed to operate as a pattern for cutting out sleeves. The court held that "The thing is in truth a measuring instrument: it is no more a chart or plan within the Copyright Act than is a scaled ruler ..." (Lindley L.J., at p. 425).

In Moreau v. St. Vincent the plaintiff alleged the defendant had breached his copyright in "Concours: Recrutement d'Abonnés". This title referred to a weekly competition which was designed to increase the circulation of the plaintiff's paper "L'Information Sportive". The competition involved a subscription receipt held by the purchaser of the paper; a questionnaire relating to sports topics to be answered by holders of subscription receipts carrying certain numbers and conditions; and, terms of the contest set out in the paper. The defendant commenced publication of a weekly leaflet called "Mots croisés" which contained a competition called "Quizz Général de la Publication Loisir Favori Enrg." The court rejected the plaintiff's claim that this activity infringed his copyright. The court stated that the plaintiff had misconceived the nature of copyright and was really seeking protection of his contest against an encroaching competitor who was running a contest of a similar nature. But, there was no copying of the relevant written texts — it was the idea of running a contest along generally similar lines which was copied.

Other Questions


In what circumstances will a jury at the guilt/special circumstance phase of a murder case be able to establish a torture-murder special circumstance? (MultiRegion, United States of America)
Does a co-owner of a copyright have to account to other co-owners for any profits they earn from licensing or use of the copyright? (MultiRegion, United States of America)
In what circumstances will a jury foreclose a finding of knowledge on the basis that a defendant was willfully ignorant as to how a P2P file-sharing program operates? (MultiRegion, United States of America)
In what circumstances will a jury award punitive damages against a defendant who failed to provide evidence of their financial circumstances? (MultiRegion, United States of America)
Is a harsher sentence for a defendant's assertion of his right to trial a punishment for his assertion that he did not have a fair trial? (MultiRegion, United States of America)
What is the test for establishing that a copyright is not a "tenant in common" with the co-owners of the copyright? (MultiRegion, United States of America)
How have the courts interpreted the design of a biscuit in the context of a design patent? (MultiRegion, United States of America)
In what circumstances will the US Supreme Court refuse to grant a motion to dismiss a motion for contempt of court when there are circumstances that would otherwise result in a miscarriage of justice? (MultiRegion, United States of America)
In what circumstances will a court find that a state law right of publicity claim against a copyright holder be preempted? (MultiRegion, United States of America)
What is the impact of copyright protection and the need for copies of copyrighted material to be deposited promptly? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.