BARBIE and VEUVE CLICQUOT - Supreme Court of Canada Decisions
Today the Supreme Court of Canada made its decisions respecting the scope of coverage of two famous trademarks, BARBIE and VEUVE CLICQUOT. The first mark, for a famous child’s doll, was asserted against a restaurant using the same name. The second mark, for a famous French champagne, was asserted against a women’s clothing retail outlet using as its mark: “Cliquot”.
The court upheld three concurring lower decisions in the Barbie case, starting with a ruling by the Opposition Board in the Trademarks Office. The decisions of the Federal Court Trial Division and the Federal Court of Appeal to reject the Mattel application to introduce fresh evidence in the form of a survey to show a likelihood of confusion between the marks were also upheld. Read the rest of this entry »