Sears Canada Inc. v. Clorox Co.
A-573-92
Mahoney J.A.
1/6/93
2 pp.
Appeal from trial judgment, [1992] 2 F.C. 579, holding Opposition Board Member giving common, laudatory, descriptive word "masterpiece" measure of protection to which not entitled in law -- Appeal dismissed -- No error in finding no likelihood of confusion between proposed design mark incorporating word "masterpiece" for use in association with barbecue sauce and word mark "Masterpiece" for use in association with "cakes, chocolate" -- References to fact appellant's wares marketed only through own outlets not made in context of limiting protection to which mark otherwise entitled, but in context of how well known mark had become.
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