Date: 20010405
Docket: A-708-99
Neutral citation: 2001 FCA 107
CORAM: ISAAC J.A.
SEXTON J.A.
SHARLOW J.A.
BETWEEN:
JAGUAR CARS LIMITED
Appellant
(Opponent)
- and -
REMO IMPORTS LTD./LES IMPORTATIONS REMO LTEE
Respondent
(Applicant)
Heard at Toronto, Ontario, Thursday, April 5, 2001
Judgment delivered from the Bench at Toronto, Ontario,
on Thursday, April 5, 2001
REASONS FOR JUDGMENT OF THE COURT BY: ISAAC J.A.
Date: 20010405
Docket: A-708-99
Neutral citation: 2001 FCA 107
CORAM: ISAAC J.A.
SEXTON J.A.
SHARLOW J.A.
BETWEEN:
JAGUAR CARS LIMITED
Appellant
(Opponent)
- and -
REMO IMPORTS LTD./LES IMPORTATIONS REMO LTEE
Respondent
(Applicant)
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario
on Thursday, April 5, 2001)
ISAAC J.A.
This is an appeal from an order made by a Motions Judge in the Trial Division on 27 October, 1999 which dismissed the appellant's appeal from a decision of the Registrar of Trade marks dated 24 February, 1998, on the basis of Ground 3 in the appellant's Statement of Opposition. By that decision, the Registrar of Trade Marks rejected the appellant's opposition to the Respondent's application to register the mark JAGUAR for briefcases on the ground that it was not confusing with the applicant's trade-mark or trade name.
Having heard the submissions of counsel for the parties, we are all of the view that the learned Motions Judge took into account all relevant considerations when he made the discretionary order that he did.
We will therefore dismiss the appeal with costs.
"Julius A. Isaac"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-708-99
STYLE OF CAUSE: JAGUAR CARS LIMITED
Appellant
(Opponent)
- and -
REMO IMPORTS LTD./LES IMPORTATIONS REMO LTEE
Respondent
(Applicant)
DATE OF HEARING: THURSDAY, APRIL 5, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: ISAAC J.A.
DATED: THURSDAY, APRIL 5, 2001
APPEARANCES: Ms. Pauline Bosman
For the Appellant (Opponent)
Mr. Richard Uditsky
For the Respondent (Applicant)
SOLICITORS OF RECORD: Ridout & Maybee
Patent & Trade Mark Agents
2400-1 Queen Street East
Toronto, Ontario
M5C 3B1
For the Appellant (Opponent)
Mendelsohn Rosentzveig Shacter
Barristers & Solicitors
1000 Sherbrooke Street West, 27th Floor
Montreal, Quebec
H3A 3G4
For the Respondent (Applicant)
FEDERAL COURT OF APPEAL
Date: 20010405
Docket: A-708-99
BETWEEN:
JAGUAR CARS LIMITED
Appellant
(Opponent)
- and -
REMO IMPORTS LTD./LES IMPORTATIONS REMO LTEE
Respondent
(Applicant)
REASONS FOR JUDGMENT
OF THE COURT
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