Lexus foods against trial judge decision has merit

Reference no: EM133684741

Case

On April 27, 1992, ?Lexus Foods Inc. ("Lexus Foods") ?filed an application with the Registrar of Trade-marks in order to secure registration of the trade-mark LEXUS in association with "canned fruits, canned vegetables, fruit juices and vegetable juices" on the basis of proposed use of the trade-mark in Canada.

Toyota Motor Corporation ("Toyota") ?filed a statement of opposition against this application alleging confusion with three trade-mark registrations it owned for the trade-mark LEXUS covering, among other things, "motor cars and parts and accessories thereof, repair services".

The Trade-marks Opposition Board dismissed Toyota's opposition in July 1997. ?Toyota appealed that decision before the Trial Division of the Federal Court of Canada. There, Toyota's appeal was allowed; the Trial Division found the trade-mark "LEXUS" to be a famous trade-mark and considered that Toyota had made its case that there was indeed confusion between the trade-mark LEXUS for cars and the same trade-mark as applied to canned food products. The Court directed the Registrar to refuse Lexus Foods' application for the trade-mark LEXUS. Lexus Foods appealed the Trial Judge's decision before the Federal Court of Appeal.

Questions

Do you think that the appeal of Lexus Foods against the Trial Judge's decision has merit? If yes, why? Could the same trademark be used by two different businesses?

Reference no: EM133684741

Questions Cloud

About the ownership of the van : He received a letter from the Coopers lawyer asking about the ownership of the van, whether there is any insurance and enclosing a draft complaint.

Ontario Occupational Health and Safety Act : Section 25(2)(h) of the Ontario Occupational Health and Safety Act, also known as the General duty clause, is quoted often in the field of health and safety.

Expenses of refrigerator repair : You are about to call your landlord, as you hope that she will agree to cover the expenses of the refrigerator's repair.

Famous case in history that involve kidnapping : Find a famous case in history that involve a kidnapping

Lexus foods against trial judge decision has merit : Do you think that the appeal of Lexus Foods against the Trial Judge's decision has merit? If yes, why? Could same trademark be used by two different business?

Hospital for several weeks and was expected to live : A pedestrian, who was the victim of a speeding car, was in the hospital for several weeks and was expected to live.

Pros and cons of using litigation : What are pros and cons of using litigation to determine who pays for damages to vehicles? What are pros and cons of ADR to settle dispute for damages to vehicle

Falsely accuse someone of sexual assault : In your opinion, do you think that it should a criminal charge to falsely accuse someone of a sexual assault?

Criminal investigator writes a variety of reports in duties : The criminal investigator writes a variety of reports in their duties. Research a cold case or any other criminal investigation from Washington state.

User Account

All Pages