Mattel Inc. v. 3894207 Canada Inc.
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Mattel Inc. v. 3894207 Canada Inc. Court (s) Database Federal Court of Appeal Decisions Date 2005-01-12 Neutral citation 2005 FCA 13 File numbers A-199-04 Decision Content Date: 20050112 Docket: A-199-04 Citation: 2005 FCA 13 CORAM: LÉTOURNEAU J.A. NOËL J.A. PELLETIER 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. NOËL J.A. PELLETIER 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) NOËL J.A. [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…
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Mattel Inc. v. 3894207 Canada Inc. Court (s) Database Federal Court of Appeal Decisions Date 2005-01-12 Neutral citation 2005 FCA 13 File numbers A-199-04 Decision Content Date: 20050112 Docket: A-199-04 Citation: 2005 FCA 13 CORAM: LÉTOURNEAU J.A. NOËL J.A. PELLETIER 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. NOËL J.A. PELLETIER 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) NOËL J.A. [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
Source: decisions.fca-caf.gc.ca