Gold Medal Camp Furniture Mfg. Co. v. Gold Medal Furniture Mfg. Co. Ltd.

Gold Medal Camp Furniture Mfg. Co. v. Gold Medal Furniture Mfg. Co. Ltd.
Collection
Supreme Court Judgments
Date
1928-04-24
Report
[1928] SCR 575
Judges
Anglin, Francis Alexander; Mignault, Pierre-Basile; Rinfret, Thibaudeau; Lamont, John Henderson; Smith, Robert
On appeal from
Canada
Subjects
Intellectual property
Decision Content
Supreme Court of Canada
Gold Medal Camp Furniture Mfg. Co. v. Gold Medal Furniture Mfg. Co. Ltd., [1928] S.C.R. 575
Date: 1928-04-24
In The Matter of The Specific Trade-Mark Consisting of The Words “Gold Medal”
Gold Medal Camp Furniture Manufacturing Co. (Objecting Party) Appellant;
and
Gold Medal Furniture Manufacturing Company Limited (Petitioner) Respondent.
1928: March 15; April: 24.
Present: Anglin. C.J.C. and Mignault, Rinfret, Lamont and Smith JJ.
ON APPEAL FROM THE EXCHEQUER COURT OF CANADA
Trade-Mark—Prior user—Expunging from register
APPEAL from the judgment of the Exchequer Court of Canada (Audette J.)[1] ordering the expunging from the entry in the Canadian Trade-Mark Register of the appellant’s specific trade-mark “Gold Medal.”
The appeal was heard on March 15, 1928, and on April 24, 1928, the Court delivered judgment (written reasons being given by Lamont J., with whom the other members of the Court concurred) dismissing the appeal with costs. The ground of the decision was that the evidence shewed user in Canada by the respondent’s predecessors in title, of the trade-mark, upon goods of the same class as those sold by the appellant, for some years before the appellant began to do business in Canada, and therefore the appellant’s registration was properly expunged.
It was pointed out that the Court was not to be understood as impliedly holding that the words “Gold Medal” contain the essentials necessary to constitute a valid trademark; that question had not been raised.
Appeal dismissed with costs.
R. S. Robertson K.C. and H. C. F. Mockridge for the appellant.
R. S. Smart K.C. and R. Roy McMurtry for the respondent.
[1] [1928] Ex. C.R. 65.