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.
FEDERAL COURT OF CANADA
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