United States Postal Service v. Canada Post Corporation
Court headnote
United States Postal Service v. Canada Post Corporation Court (s) Database Federal Court of Appeal Decisions Date 2007-01-09 Neutral citation 2007 FCA 10 File numbers A-633-05 Decision Content Date: 20070109 Docket: A-633-05 Citation: 2007 FCA 10 CORAM: NADON J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: UNITED STATES POSTAL SERVICE Appellant and CANADA POST CORPORATION Respondent Heard at Toronto, Ontario, on January 9, 2007. Judgment delivered from the Bench at Toronto, Ontario, on January 9, 2007. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20070109 Docket: A-633-05 Citation: 2007 FCA 10 CORAM: NADON J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: UNITED STATES POSTAL SERVICE Appellant and CANADA POST CORPORATION Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on January 9, 2007) SHARLOW J.A. We are all of the view that this Appeal must be dismissed.The Court held in Ontario Association of Architects v. Association of Architectural Technologists of Ontario (C.A.), [2003] 1 F.C. 331, that, to be a “public authority” within the meaning of subparagraph 9(l)(n)(iii) of the Trade-Marks Act, R.S.C. 1985, C. T-13, an entity must be subject to government control and must engage in activities that benefit the public. In our view, to fulfil the intention of Parliament, the government exercising the control must be a Canadian government. We are not persuaded that this interpretation of the statute offends the Paris Convention for the Protectio…
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United States Postal Service v. Canada Post Corporation Court (s) Database Federal Court of Appeal Decisions Date 2007-01-09 Neutral citation 2007 FCA 10 File numbers A-633-05 Decision Content Date: 20070109 Docket: A-633-05 Citation: 2007 FCA 10 CORAM: NADON J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: UNITED STATES POSTAL SERVICE Appellant and CANADA POST CORPORATION Respondent Heard at Toronto, Ontario, on January 9, 2007. Judgment delivered from the Bench at Toronto, Ontario, on January 9, 2007. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20070109 Docket: A-633-05 Citation: 2007 FCA 10 CORAM: NADON J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: UNITED STATES POSTAL SERVICE Appellant and CANADA POST CORPORATION Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on January 9, 2007) SHARLOW J.A. We are all of the view that this Appeal must be dismissed.The Court held in Ontario Association of Architects v. Association of Architectural Technologists of Ontario (C.A.), [2003] 1 F.C. 331, that, to be a “public authority” within the meaning of subparagraph 9(l)(n)(iii) of the Trade-Marks Act, R.S.C. 1985, C. T-13, an entity must be subject to government control and must engage in activities that benefit the public. In our view, to fulfil the intention of Parliament, the government exercising the control must be a Canadian government. We are not persuaded that this interpretation of the statute offends the Paris Convention for the Protection of Industrial Property or the Agreement on Trade-Related Aspects of Intellectual Property Rights. “K. Sharlow” J.A. FEDERAL COURT OF APPEAL Names of Counsel and Solicitors of Record DOCKET: A-633-05 STYLE OF CAUSE: united states postal service Appellant and CANADA POST CORPORATION Respondent DATE OF HEARING: January 9, 2007 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT OF THE COURT BY: (SHARLOW, NADON & SEXTON JJ.A.) DELIVERED FROM THE BENCH BY: SHARLOW j.a APPEARANCES BY: ANTHONY PRENOL ANTONIO TURCO FOR THE Appellant JOHN LASKIN For the Respondent SOLICITORS OF RECORD: BLAKE, CASSELS, GRAYDON LLP TORONTO, onTARIO for the appellant TORYS LLP TORONTO, ONTARIO FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca