Date:20010327
Docket:A-568-99
Neutral citation: 2001 FCA 89
CORAM: ROTHSTEIN J.A.
EVANS J.A.
MALONE J.A.
BETWEEN:
GSW INC.
Appellant
- and -
THE REGISTRAR OF TRADE-MARKS
and STA-RITE INDUSTRIES, INC.
Respondents
Heard at Toronto, Ontario, Monday, March 26, 2001
Judgment delivered at Toronto, Ontario,
on Tuesday, March 27, 2001
REASONS FOR JUDGMENT BY: ROTHSTEIN J.A.
CONCURRED IN BY: EVANS J.A.
MALONE J.A.
Date: 20010327
Docket: A-568-99
Neutral citation: 2001 FCA 89
CORAM: ROTHSTEIN J.A.
EVANS J.A.
MALONE J.A.
BETWEEN:
GSW INC.
Appellant
- and -
THE REGISTRAR OF TRADE-MARKS
and STA-RITE INDUSTRIES, INC.
Respondents
REASONS FOR JUDGMENT
ROTHSTEIN J.A.
On the basis of the evidence before him, I am not persuaded that the Trial Judge made a palpable and overriding error in concluding that the Appellant failed to establish that the term STA-DRY in relation to submersible and utility pumps was not clearly descriptive within the meaning of that term in paragraph 12 (1)(b) of the Trade Marks Act.
The appeal will be dismissed with costs.
"Marshall Rothstein"
J.A.
"I agree
John M. Evans"
"I agree
B. Malone"
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-568-99
STYLE OF CAUSE: GSW INC.
Appellant
- and -
THE REGISTRAR OF TRADE-MARKS
and STA-RITE INDUSTRIES, INC.
Respondents
DATE OF HEARING: MONDAY, MARCH 26, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: ROTHSTEIN J.A.
CONCURRED IN BY: EVANS J.A.
MALONE J.A.
DATED: TUESDAY, MARCH 27, 2001
APPEARANCES: Tony Bortolin
For the Appellant
Michael Charles
For the Respondent
SOLICITORS OF RECORD: Macbeth & Johnson
Barristers & Solicitors
301-133 Richmond St. W.
Toronto, Ontario
M5H 2L7
For the Appellant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF APPEAL
Date: 20010327
Docket: A-568-99
BETWEEN:
GSW INC.
Appellant
- and -
THE REGISTRAR OF TRADE-MARKS
and STA-RITE INDUSTRIES, INC.
Respondents
REASONS FOR JUDGMENT
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