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Mattel Inc v 3894207 Canada Inc [2006] 1 S.C.R. 772, 2006 SCC 22 is a leading decision of the Supreme Court of Canada on the infringement of famous trade-mark names. The Court found that Mattel Inc. could not enforce the use of their trade-marked name "BARBIE" against a restaurant named "Barbie's".
Kirkbi AG v. Ritvik Holdings Inc., [2] popularly known as the Lego Case, is a decision of the Supreme Court of Canada.The Court upheld the constitutionality of section 7(b) of the Trade-marks Act [3] which prohibits the use of confusing marks, as well, on a second issue it was held that the doctrine of functionality applied to unregistered trade-marks.
Section 6 of the Trademarks Act sets out the situations where a trade-mark is confusing: . 6.(2) The use of a trade-mark causes confusion with another trade-mark if the use of both trade-marks in the same area would be likely to lead to the inference that the wares or services associated with those trade-marks are manufactured, sold, leased, hired or performed by the same person, whether or ...
The Supreme Court of Canada has emasized that the tort of passing off was intended to protect the property right that plaintiffs had in the goodwill of their business. [7] However, the protection of the public is a priority, and the Supreme Court has also said that trademark law was in fact "consumer protection legislation". [12]
Trademark Act of 1905 A Court of Appeals for the District of Columbia decision reversing the decision of the Commissioner of Patents is not a final judgment reviewable by the Supreme Court. A. Bourjois & Co. v. Katzel: 260 U.S. 689: Jan. 29, 1923: Substantive Sale of trademark rights; Infringement Majority: Holmes: Trademark Act of 1905
WASHINGTON — No case is too small for the Supreme Court. On Wednesday, the high court heard arguments in a dispute over whether a California lawyer can trademark the phrase “Trump too small ...
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justice
This is a chronological list of notable cases decided by the Supreme Court of Canada from the formation of the Court in 1875 to the retirement of Gérald Fauteux in 1973. Note that the Privy Council heard appeals for criminal cases until 1933 and for civil cases until 1949. Also between 1888 and 1926, no criminal appeals were allowed to the ...