Date: 20050112
Docket: A-199-04
Citation: 2005 FCA 13
CORAM: LÉTOURNEAU J.A.
BETWEEN:
MATTEL, INC.
Appellant
and
3894207 CANADA INC.
Respondent
Heard at Montréal, Quebec, on January 12, 2005
Judgment delivered from the Bench at Montréal, Quebec, on January 12, 2005.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20050112
Docket: A-199-04
Citation: 2005 FCA 13
CORAM: LÉTOURNEAU J.A.
BETWEEN:
MATTEL, INC.
Appellant
and
3894207 CANADA INC.
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montréal, Quebec, on January 12, 2005)
[1] This appeal rests on the appellant's contention that he Trial Judge erred in giving little or no probative value to the survey which it produced. Notwithstanding Mr. Hitchcock's able argument, we are of the view that the Trial Judge committed no error in treating the survey as he did.
[2] In particular, it is apparent that the questions as framed, both in English and French, can at best, establish a possibility of confusion, a threshold which falls short of the recognized statutory standard of "reasonable likelihood of confusion" which must be established pursuant to paragraph 6(2) of the Trade-marks Act. This was in itself sufficient ground for the Trial Judge's decision to attribute little or no weight to the survey.
[3] The appeal will be dismissed with costs.
"Marc Noël"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-199-04
STYLE OF CAUSE:
MATTEL, INC.
Appellant
and
3894207 CANADA INC.
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: January 12, 2005
REASONS FOR JUDGMENT OF THE COURT: (Létourneau, Noël, Pelletier, JJ.A.)
DELIVERED FROM THE BENCH BY: Noël J.A.
APPEARANCES:
|
Dan Hitchcock |
FOR THE APPELLANT |
|
Sophie Picard |
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
|
Riches, McKenzie & Herbert LLP Toronto, Ontario |
FOR THE APPELLANT |
|
Desjardins Ducharme Stein Montréal, Quebec |
FOR THE RESPONDENT |