COURT OF APPEALS FOR THE FIFTH CIRCUIT
Canadian Stnrd Assoc – Appellant
Versus
P.S. Knight Co – Respondent
United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit
____________ FILED August 9, 2024 No. 23-50081 Lyle W. Cayce ____________ Clerk Canadian Standards Association,
Plaintiff—Appellee,
versus P.S. Knight Company, Limited; PS Knight Americas, Incorporated; Gordon Knight,
Defendants—Appellants. ______________________________
Appeal from the United States District Court for the Western District of Texas USDC No. 1:20-CV-1160 ______________________________ Before King, Willett, and Douglas, Circuit Judges. King, Circuit Judge: Our prior panel opinion, Canadian Standards Ass’n v. P.S. Knight Co., 108 F.4th 329 (5th Cir. 2024), is WITHDRAWN. The following panel opinion is SUBSTITUTED: This international copyright case considers the alleged infringement of seven of Plaintiff-Appellee’s model codes, all of which were created and copyrighted in Canada. The district court, finding that Defendants- Appellants infringed Plaintiff-Appellee’s copyrights, denied Defendants- Appellants’ motion for summary judgment, granted Plaintiff-Appellee’s Case: 23-50081 Document: 75-1 Page: 2 Date Filed: 08/09/2024
No. 23-50081
motion for summary judgment, and issued a permanent injunction against
Defendants-Appellants. Because we find that the district court improperly
applied the explicit and controlling holding of Veeck v. Southern Building Code
Congress International, Inc.,
_____________________ 1 Those seven model codes are the 2015, 2018, and 2021 editions of CSA’s Canadian Electrical Code; the 2015 and 2020 editions of CSA’s Propane Storage and Handling Code; and the 2015 and 2019 editions of CSA’s Oil and Gas Pipeline Systems Code.
2 Case: 23-50081 Document: 75-1 Page: 3 Date Filed: 08/09/2024
No. 23-50081
Knight is also the owner and operator of the website “Deep 6 Project,” formerly “restorecsa.com,”
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