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.
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)
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