Date: 19991018
Docket: A-472-97
CORAM: DESJARDINS, J.A.
ROTHSTEIN, J.A.
MCDONALD, J.A.
BETWEEN:
CANADIAN OLYMPIC ASSOCIATION
Appellant
(Plaintiff)
- and -
USA HOCKEY, INC. and
THE REGISTRAR OF TRADE-MARKS
Respondents
(Defendants)
Heard at Toronto, Ontario, on Monday, October 18, 1999
Judgment Delivered Orally from the Bench at Toronto, Ontario on Monday, October 18, 1999
REASONS FOR JUDGMENT BY: DESJARDINS J.A.
Date: 19991018
Docket: A-472-97
CORAM: DESJARDINS, J.A.
ROTHSTEIN, J.A.
MCDONALD, J.A.
BETWEEN:
CANADIAN OLYMPIC ASSOCIATION
Appellant
(Plaintiff)
- and -
USA HOCKEY, INC. and
THE REGISTRAR OF TRADE-MARKS
Respondents
(Defendants)
REASONS FOR JUDGMENT
(Delivered Orally from the Bench at
Toronto, Ontario on Monday, October 18, 1999)
DESJARDINS J.A.
[1] Whether the appropriate procedure for the appellant was an appeal or an application for judicial review need not be decided. We are satisfied that the bringing of an action to challenge the implicit decision of the Registrar that the Respondents USA BASKETBALL and USA HOCKEY INC. were "public authorit[ies]" for the purposes of subparagraph 9(1)(n)(iii) of the Trade-Marks Act1 was not the correct procedure.
[2] It is noteworthy that the Appellant is not alleging it its Statement of Claim that the respondents have adopted any mark consisting of, or so nearly resembling as to be likely to be mistaken for, any of its marks, which is the basis for an action under subsection 9(1) of the Trade-Marks Act.
[3] This appeal will be dismissed with costs.
[4] These same reasons for judgment will also be filed in Docket A-471-97 since both cases were heard at the same time.
"A. Desjardins"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKETS: A-472-97
| STYLE OF CAUSE: CANADIAN OLYMPIC ASSOCIATION |
Appellant
(Plaintiff)
| - and - |
| USA HOCKEY, INC. and |
| THE REGISTRAR OF TRADE-MARKS |
Respondents
(Defendants)
DATE OF HEARING: MONDAY, OCTOBER 18, 1999
PLACE OF HEARING: TORONTO, ONTARIO
| REASONS FOR JUDGMENT BY: DESJARDINS J.A. |
Delivered at Toronto, Ontario
on Monday, October 18, 1999
APPEARANCES: Mr. Ken McKay
| For the Appellant |
Mr. David Morrow
| For the Respondent, USA Hockey, Inc. |
| Ms. Tracy McManus |
| For the Respondent, The Registrar of Trade Marks |
| SOLICITORS OF RECORD: Sim, Hughes, Ashton & McKay |
| Barristers & Solicitors |
| 330 University Avenue, 6th Floor |
| Toronto, Ontario |
| M5G 1R7 |
| For the Appellant |
Smart & Biggar
| Barristers & Solicitors |
| 50 Metcalfe Street |
| Ottawa, Ontario |
| K1P 5Y6 |
| For the Respondent, USA Hockey, Inc. |
| Mr. Morris Rosenberg |
| Deputy Attorney General of Canada |
| For the Respondent, The Registrar of Trade Marks |
FEDERAL COURT OF APPEAL
Date: 19991018
Docket: A-472-97
BETWEEN:
| CANADIAN OLYMPIC ASSOCIATION |
Appellant
(Plaintiff)
| - and - |
| USA HOCKEY, INC. and |
| THE REGISTRAR OF TRADE-MARKS |
Respondents
(Defendants)
| REASONS FOR JUDGMENT |
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