Canada’s court declines Google’s pleading to dismiss Perfect 10 lawsuit

Sunday, Perfect 10, the former publisher of Perfect 10 Magazine closed in 2007, made known the Canadian Federal Court has denied Google’s attempt to dismiss Perfect 10’s copyright infringement lawsuit against Google in Canada. 

Meantime, the company still runs its website, perfect10.com, which now has a dating component.

As the President of Perfect 10 claimed the company’s satisfied by this ruling as Perfect 10 could not sue Google in Canada because Perfect 10 was in litigation against Google in the United States. Perfect 10’s case against Google in the United States has been going on for almost six years.

In its ruling, the Canadian court stated, “I am satisfied, that the claim for copyright infringement in either jurisdiction arises by virtue of rights created by statute – separate legislative schemes in Canada and the United States, that in cases of alleged infringement, give rise to different causes of action, different defenses and different remedies.” The court further stated, “I am not satisfied that the claims, based on two different statutes, are the same.”

Perfect 10 contends that a essential portion of Google’s yearly revenue is attributable to Google’s unauthorized use of intellectual property on a massive scale. As Perfect 10 President Dr. Norm Zada said, “I believe that Google makes hundreds of millions of dollars each year by placing unauthorized Google Ads around hundreds of thousands of images, including Perfect 10 images, and by placing such ads around tens of thousands of celebrity images, without the permission of the celebrity. What Google does in cyberspace it would never get away with in the real world”.