Date: 20050509
Docket: A-94-04
Citation: 2005 FCA 171
CORAM: DESJARDINS J.A.
ROTHSTEIN J.A.
BETWEEN:
SIM & MCBURNEY
Appellant
and
ANCHOR BREWING COMPANY
Respondent
and
THE REGISTRAR OF TRADE-MARKS
Respondent
Heard at Toronto, Ontario, on May 9th, 2005.
Judgment delivered from the Bench at Toronto, Ontario, on May 9th, 2005.
REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A.
Date: 20050509
Docket: A-94-04
Citation: 2005 FCA 171
CORAM: DESJARDINS J.A.
ROTHSTEIN J.A.
BETWEEN:
SIM & MCBURNEY
Appellant
and
ANCHOR BREWING COMPANY
Respondent
and
THE REGISTRAR OF TRADE-MARKS
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on May 9, 2005)
ROTHSTEIN J.A.
[1] We have not been persuaded that this Court should interfere with the decision of Campbell J. dismissing the appellant's appeal to the Federal Court from the decision of the Registrar of Trade-marks under section 45 of the Trade-marks Act maintaining the respondent's trade-mark "STEAM". The appeal will be dismissed. The respondent is awarded costs of
$ 5, 500.00 inclusive of fees, disbursements and GST.
"Marshall Rothstein"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-94-04
STYLE OF CAUSE: SIM & MCBURNEY
Appellant
and
ANCHOR BREWING COMPANY
Respondent
and
THE REGISTRAR OF TRADE-MARKS
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: MAY 9, 2005
REASONS FOR JUDGMENT
OF THE COURT: (DESJARDINS, ROTHSTEIN, SHARLOW, JJ.A.)
DELIVERED FROM THE
BENCH BY: ROTHSTEIN J.A.
APPEARANCES:
Kenneth D. McKay FOR THE APPELLANT
Steven Garland
Kevin Graham FOR THE RESPONDENT, ANCHOR BREWING COMPANY
SOLICITORS OF RECORD:
SIM, HUGHES, ASHTON, McKAY LLP
Barristers & Solicitors
Toronto, Ontario FOR THE APPELLANT
SMART & BIGGAR
Barristers & Solicitors
Ottawa, Ontario FOR THE RESPONDENT, ANCHOR BREWING COMPANY