Date:
20070109
Docket: A-633-05
Citation: 2007 FCA 10
CORAM: NADON J.A.
SEXTON J.A.
SHARLOW J.A.
BETWEEN:
UNITED STATES
POSTAL SERVICE
Appellant
and
CANADA POST
CORPORATION
Respondent
Heard at Toronto,
Ontario, on January 9,
2007.
Judgment delivered from the Bench at Toronto, Ontario, on January 9, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW
J.A.
Date:
20070109
Docket: A-633-05
Citation: 2007
FCA 10
CORAM: NADON
J.A.
SEXTON
J.A.
SHARLOW
J.A.
BETWEEN:
UNITED STATES
POSTAL SERVICE
Appellant
and
CANADA POST
CORPORATION
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Toronto, Ontario, on January 9, 2007)
SHARLOW J.A.
We are all of the view that this Appeal must be dismissed.The
Court held in Ontario Association of Architects v. Association of
Architectural Technologists of Ontario (C.A.), [2003] 1 F.C. 331, that, to
be a “public authority” within the meaning of subparagraph 9(l)(n)(iii) of the Trade-Marks
Act, R.S.C. 1985, C. T-13, an entity must be subject to government control
and must engage in activities that benefit the public. In our view, to fulfil
the intention of Parliament, the government exercising the control must be a
Canadian government. We are not persuaded that this interpretation of the
statute offends the Paris Convention for the Protection of Industrial
Property or the Agreement on Trade-Related Aspects of Intellectual
Property Rights.
“K. Sharlow”
FEDERAL COURT OF APPEAL
Names of Counsel and Solicitors of Record
DOCKET: A-633-05
STYLE OF CAUSE: united states postal service
Appellant
and
CANADA
POST CORPORATION
Respondent
DATE OF HEARING: January 9, 2007
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: (SHARLOW, NADON & SEXTON JJ.A.)
DELIVERED FROM THE
BENCH BY: SHARLOW j.a
APPEARANCES
BY:
ANTHONY
PRENOL
ANTONIO
TURCO FOR THE Appellant
JOHN
LASKIN For the Respondent
SOLICITORS
OF RECORD:
BLAKE,
CASSELS, GRAYDON LLP
TORONTO,
onTARIO for
the appellant
TORYS LLP
TORONTO, ONTARIO FOR THE RESPONDENT
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