A-517-96
CORAM:STRAYER, J.A.
LINDEN, J.A.
McDONALD, J.A.
IN THE MATTER OF
Section 38 and 56 of the Trade-marks Act R.S.C. 1985 c. T-13;
AND IN THE MATTER OF an
Appeal from a Decision rendered on behalf of the Registrar of Trade-marks dated
November 22, 1995 and concerning Canadian Trade-mark Applications Serial Nos.
544,477 and 544,478.
B E T W E E N:
POLO RALPH LAUREN
CORPORATION
Appellant
(Respondent)
-and-
UNITED STATES POLO
ASSOCIATION
Respondent
(Appellant)
HEARD at Toronto, Ontario, Thursday, October 23,
1997.
JUDGMENT delivered from the Bench at Toronto,
Ontario, on Thursday, October 23, 1997.
REASONS FOR JUDGMENT BY: McDONALD,
J.A.
A-517-96
CORAM:STRAYER, J.A.
LINDEN, J.A.
McDONALD, J.A.
IN THE MATTER OF
Section 38 and 56 of the Trade-marks Act R.S.C. 1985 c. T-13;
AND IN THE MATTER OF an
Appeal from a Decision rendered on behalf of the Registrar of Trade-marks dated
November 22, 1995 and concerning Canadian Trade-mark Applications Serial Nos.
544,477 and 544,478.
B E T W E E N:
POLO RALPH LAUREN
CORPORATION
Appellant
(Respondent)
-and-
UNITED STATES POLO
ASSOCIATION
Respondent
(Appellant)
REASONS
FOR JUDGMENT
(Delivered from the
Bench at Toronto, Ontario
on
Thursday, October 23, 1997)
McDONALD, J.A.:
We are all of the view that the
Motions Judge had before him all of the relevant factors necessary to make his
decision, a decision with which we agree. There is nothing to suggest that he
exercised his discretion unlawfully or made any error in law that would require
the interference of this Court.
The appeal is dismissed with costs to
the respondent.
"F.J. McDonald" J.A.
Names of Counsel
and Solicitors of Record
COURT NO: A-517-96
STYLE OF CAUSE: POLO
RALPH LAURENT
CORPORATION
-
and -
UNITED
STATES POLO
ASSOCIATION
DATE OF HEARING: OCTOBER
23, 1997
PLACE OF HEARING: TORONTO,
ONTARIO
REASONS FOR JUDGMENT BY: McDONALD, J.A.
Delivered from the Bench at Toronto, Ontario
on Thursday, October 23, 1997
APPEARANCES:
Ms.Diane
Cornish
For
the Appellant
Ms.
Michelle Wassenaar
For
the Respondent
SOLICITORS OF RECORD:
Dimock,
Stratton, Clarizio
20
Queen Street
Suite
3203, Box 102
Toronto,
Ontario
M5H
3R3
For
the Appellant
Osler,
Hoskin & Harcourt
50
O'Connor Street
Suite
1500
Ottawa,
Ontario
K1P
6L2
For
the Respondent
FEDERAL
COURT OF CANADA
Court No.: A-517-96
Between:
POLO
RALPH LAUREN
CORPORATION
Appellant
-
and -
UNITED
STATES POLO
ASSOCIATION
Respondent
REASONS
FOR JUDGMENT
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