Worldwide Diamond Trademarks Limited v. Canadian Jewellers Association
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Worldwide Diamond Trademarks Limited v. Canadian Jewellers Association Court (s) Database Federal Court of Appeal Decisions Date 2010-11-30 Neutral citation 2010 FCA 326 File numbers A-163-10 Decision Content Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20101130 Docket: A-163-10 Citation: 2010 FCA 326 CORAM: SHARLOW J.A. TRUDEL J.A. STRATAS J.A. BETWEEN: WORLDWIDE DIAMOND TRADEMARKS LIMITED Appellant and CANADIAN JEWELLERS ASSOCIATION Respondent Heard at Vancouver, British Columbia, on November 30, 2010. Judgment delivered from the Bench at Vancouver, British Columbia, on November 30, 2010. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20101130 Docket: A-163-10 Citation: 2010 FCA 326 CORAM: SHARLOW J.A. TRUDEL J.A. STRATAS J.A. BETWEEN: WORLDWIDE DIAMOND TRADEMARKS LIMITED Appellant and CANADIAN JEWELLERS ASSOCIATION Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Vancouver, British Columbia, on November 30, 2010) SHARLOW J.A. [1] Despite the able submissions of counsel for the appellant, we have not been persuaded that Justice Kelen erred in law or misapplied paragraph 12(1)(b) of the Trade-Marks Act, R.S.C. 1985, c. T-13, when he determined (2010 FC 309) that the trade-marks in issue are clearly descriptive. [2] Nor have we been persuaded that he failed to consider the trade-marks in their entirety when he accepted that the distinctiveness of a composite mark (that is, a …
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Worldwide Diamond Trademarks Limited v. Canadian Jewellers Association Court (s) Database Federal Court of Appeal Decisions Date 2010-11-30 Neutral citation 2010 FCA 326 File numbers A-163-10 Decision Content Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20101130 Docket: A-163-10 Citation: 2010 FCA 326 CORAM: SHARLOW J.A. TRUDEL J.A. STRATAS J.A. BETWEEN: WORLDWIDE DIAMOND TRADEMARKS LIMITED Appellant and CANADIAN JEWELLERS ASSOCIATION Respondent Heard at Vancouver, British Columbia, on November 30, 2010. Judgment delivered from the Bench at Vancouver, British Columbia, on November 30, 2010. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20101130 Docket: A-163-10 Citation: 2010 FCA 326 CORAM: SHARLOW J.A. TRUDEL J.A. STRATAS J.A. BETWEEN: WORLDWIDE DIAMOND TRADEMARKS LIMITED Appellant and CANADIAN JEWELLERS ASSOCIATION Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Vancouver, British Columbia, on November 30, 2010) SHARLOW J.A. [1] Despite the able submissions of counsel for the appellant, we have not been persuaded that Justice Kelen erred in law or misapplied paragraph 12(1)(b) of the Trade-Marks Act, R.S.C. 1985, c. T-13, when he determined (2010 FC 309) that the trade-marks in issue are clearly descriptive. [2] Nor have we been persuaded that he failed to consider the trade-marks in their entirety when he accepted that the distinctiveness of a composite mark (that is, a mark composed of both words and a design element) may be tested by “sounding” the words if the design element is found not to be dominant. [3] This appeal will be dismissed. “K. Sharlow” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-163-10 STYLE OF CAUSE: WORLDWIDE DIAMOND TRADEMARKS LIMTED v. CANADIAN JEWELLERS ASSOCIATION PLACE OF HEARING: Vancouver, British Columbia DATE OF HEARING: November 30, 2010 REASONS FOR JUDGMENT SHARLOW J.A. OF THE COURT BY: TRUDEL J.A. STRATAS J.A. DELIVERED FROM THE BENCH BY: SHARLOW J.A. APPEARANCES: Karen F. MacDonald Michael D. Manson FOR THE APPELLANT No one appeared FOR THE RESPONDENT SOLICITORS OF RECORD: Smart & Biggar Vancouver, British Columbia FOR THE APPELLANT
Source: decisions.fca-caf.gc.ca