Bousquet v. Barmish Inc.
A-958-91
Mahoney J.A.
19/1/93
4 pp.
Appeal from Trial Division decision (37 C.P.R. (3d) 516) refusing to expunge respondent's trade mark "Cacharel" -- Trial Judge finding no evidence establishing significant public reputation for Jean Cacharel in Canada -- No error in law by Trial Judge in reaching conclusions of fact -- Decisions in MacDonald et al. v. Vapour Canada Ltd., [1977] 2 S.C.R. 134 and Asbjorn Horgard A/S v. Gibbs/Nortac Industries Ltd., [1987] 3 F.C. 544 (C.A.), misunderstood by Trial Judge in McCabe v. Yamamoto & Co. (America) Inc. (1989), (3d) 498 (F.C.T.D.) -- Appeal dismissed -- Trade-marks Act, R.S.C., 1985, c. T-13, ss. 7, 9, 18.
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