Intuit Inc. v. Quicklaw Inc.

Intuit Inc. v. Quicklaw Inc.
Court (s) Database
Federal Court of Appeal Decisions
Date
2003-05-15
Neutral citation
2003 FCA 230
File numbers
A-388-02
Decision Content
Date: 20030515
Docket: A-388-02
Citation: 2003 FCA 230
CORAM: STONE J.A.
EVANS J.A.
SHARLOW J.A.
BETWEEN:
INTUIT INC.
Applicant
- and -
QUICKLAW INC.
Respondent
Heard at Toronto, Ontario, on May 15, 2003.
Judgment delivered from the Bench at Toronto, Ontario, on May 15, 2003.
REASONS FOR JUDGMENT OF THE COURT: EVANS J.A.
Date: 20030515
Docket: A-388-02
Neutral citation: 2003 FCA 230
CORAM: STONE J.A.
EVANS J.A.
SHARLOW J.A.
BETWEEN:
INTUIT INC.
Applicant
- and -
QUICKLAW INC.
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario on May 15, 2003)
EVANS J.A.
[1] We are not persuaded that the Applications Judge committed any error in dismissing the appeal by Intuit Inc. against the Registrar's rejection of Intuit's opposition to the registration of Quicklaw Inc.'s trade-mark, QUICKTAX. Her decision is reported as Intuit Inc. v. Quicklaw Inc., 2002 FCT 633.
[2] In our opinion, the Registrar's finding on the distinctiveness of the respondent's trade-mark was essentially factual in nature, or at best, a question of mixed fact and law. And, since the distinctiveness of a mark is a question within the expertise of the Registrar, the standard of review is reasonableness: Molson Breweries v. John Labatt Ltd., [2000] 3 F.C. 145 at para. 51 (C.A.).
[3] In our opinion it was reasonably open to the Registrar on the material before him to conclude as he did. We do not accept counsel's submission that in stating, "the opponent's task to negate the distinctiveness of a newcomer to the applicant's family of marks is somewhat more difficult than in the ordinary case", the Registrar was purporting to change the law relating to the onus of proof on a trade-mark application by virtue of the existence of a family of marks.
[4] For these reasons, the appeal will be dismissed with costs.
"John M. Evans"
J.A.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Names of Counsel and Solicitors of Record
DOCKET: A-388-02
STYLE OF CAUSE: INTUIT INC.
Applicant
- and -
QUICKLAW INC.
Respondent
DATE OF HEARING: MAY 15, 2003
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: EVANS J.A.
DATED: MAY 15, 2003
APPEARANCES BY: Ms. Andrea Rush
For the Applicant
Mr. Gordon J. Zimmerman and
Mr. Jason J. Hannibal
For the Respondent
SOLICITORS OF RECORD:Heenan Blaikie LLP
Toronto, Ontario
For the Applicant
Borden Ladner Gervais LLP
Toronto, Ontario
For the Respondent