Satinder Dhillon of Abbotsford filed a lawsuit alleging Maxime Bernier’s People’s Party of Canada has infringed on his trademark and copyright of the same name. Facebook photo

UPDATED: B.C. man says he’ll take People’s Party lawsuit as far as he can

Federal judge shut down Satinder Dhillon’s ‘nonsensical’ motion to bar use of PPC name in byelection

An Abbotsford man says he’ll take his lawsuit claiming rights to the “People’s Party of Canada” name to “the highest court in the land” if he has to, but he’s also considering changing the name of his party to participate in the next federal election.

Satinder Dhillon was ordered to pay the People’s Party of Canada $20,000 in a scathing ruling from a Federal Court judge that shut down a “nonsensical” motion to bar the party from using its name in the Nanaimo-Ladysmith byelection.

Dhillon took the People’s Party and its leader, right-wing renegade and former Conservative Party leadership contender Maxime Bernier, to court in February claiming copyright and trademark of the name “People’s Party of Canada.”

Dhillon filed trademark and copyright applications in September, shortly following Bernier’s announcement that he was intending to create a party of the same name.

RELATED: Judge ‘tough but fair’ in Abbotsford man’s People’s Party lawsuit: lawyer

The hearing was only for an injunction ahead of the byelection, and Dhillon said he expects bring the matter to a full trial.

“We hold the copyright and trademark, and we have over 2,000 pages of evidence to support our claim,” Dhillon said, adding that the hearing reflected only a few hours in the courtroom.

A full trial would allow a judge to fully deliberate the evidence, he added.

But the ruling from the injunction hearing offered a glimpse into the court’s view of the parties’ arguments – and that view was not favourable to Dhillon.

But the Abbotsford man says he’s not going to take the ruling sitting down – he’ll take the matter to the “highest court in the land,” Dhillon said.

“I think the judge’s comments were unfair to say the least,” he said.

He added that by getting a copyright and trademark on the “People’s Party of Canada” name, he was doing what Elections Canada suggested to protect his claim to the name.

It’s not clear whether the Supreme Court of Canada would take his case – of the 600 applications the country’s top court receives per year, only about 80 are accepted, according to the SCC website. The Federal Court of Appeal, too, could pass on the lawsuit if it’s deemed “vexatious,” or an abuse of process.

In the meantime, given the proximity of the next federal election, Dhillon said he is considering changing the name of his party so he can participate in the election.

RELATED: Abbotsford man’s People’s Party lawsuit heading to court

In the decision rendered earlier this month, Justice Roger Lafrenière determined that Dhillon fell “well short of establishing a serious issue to be tried or that they will suffer irreparable harm if the injunctive relief requested is not granted.”

“The entire premise of the Plaintiffs’ claim of copyright is nonsensical,” Lefrenière wrote.

The copyright registered for the People’s Party of Canada applies to “communication signals,” something that only a broadcaster can copyright. Dhillon claimed that by sharing a 2015 Times of Canada article in which he is quoted referencing a “People’s Party of Canada,” he counted as a broadcaster. Lefrenière was not convinced by that argument.

As for the trademark, the court ruled that, although Dhillon mentions a “People’s Party of Canada” in an article, it does not distinguish it as a political party.

Dhillon claimed to spend “countless hours building rapport, support and political clout” for his political party, but “the evidence before me suggests that the Plaintiffs have taken no active steps to promote their party since 2015,” Lafrenière wrote.

RELATED: Abbotsford man sues Maxime Bernier’s People’s Party over trademark

“After almost three years of apparent inactivity, the Plaintiffs rushed to protect their party’s name on the same day that the Defendants began promoting theirs. More likely than not, this is not a coincidence.”

Bernier’s party sought $40,000 in relief from Dhillon and his party, which countered that costs should be $5,000 to $7,000.

The court, however, landed near the middle, at $20,000.

“Given that the Defendants were entirely successful in resisting the confusing and essentially baseless motion, I conclude that costs should be awarded at an elevated scale.”

Martin Masse, a spokesperson for Bernier’s party, said it’s not clear at this point whether the matter will go to a full trial, as it depends on whether or not Dhillon intends to pursue the matter further.

Dean Davison, the lawyer representing Dhillon, has not responded to a request for comment.

Report an error or send us your tips, photos and video.

Dustin Godfrey | Reporter

@dustinrgodfrey

Send Dustin an email.
Like the Abbotsford News on Facebook.
Follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Education minister announces new South Surrey elementary school

Additions at two elementary schools also announced

Liquor permission considered for White Rock’s Memorial Park

Council mulls business-boosting measures, including picnic benches

Facing changes together: Your community, your journalists

The COVID-19 pandemic has changed the world in ways that would have… Continue reading

Delta council approves plan to reopen city facilities

Next phase of plan includes outdoor pools, summer day camps, outdoor fitness programs

March dental conference key to many of B.C.’s COVID-19 cases

Early infections from China, Iran were quickly contained

VIDEO: Pitt Meadows dentist gets grand welcome home after two-month COVID-19 battle

Michael Chow was given a surprise send off by hospital staff and ‘welcome home’ from neighbours

MAP: Dr. Henry reveals which B.C. regions have seen most COVID-19 cases

B.C. health officials release a first look at how the novel coronavirus has reached all corners of the province

Tla-o-qui-aht First Nation woman, 26, fatally shot by police in Edmundston, N.B.

Police were conducting a well-being check at the time of the incident

Stray dog with duct tape around muzzle spotted in Abbotsford

Pooch has been spotted over two days, but has escaped capture so far

Seniors to receive up to $500 in promised COVID-19 emergency aid in early July

The Liberal government first promised the extra help in mid-May, but had to create a new system to deliver the aid

VIDEO: Revelstoke bear wanders into Animal House pet store

Staff got ready to chase it out with a broom

No need to get out of your car at food truck festival in Abbotsford and Langley

Annual event takes drive-thru approach during COVID-19 pandemic

New study is first full list of species that only exist in Canada

Almost 40 per cent of them are critically imperilled or imperilled and eight are already extinct

Most Read

l -->