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Neutral citation: 2001 FCA 89 EVANS J.A. MALONE J.A. BETWEEN: GSW INC. Appellant - and - THE REGISTRAR OF TRADE-MARKS and STA-RITE INDUSTRIES, INC. Respondents Heard at Toronto, Ontario, Monday, March 26, 2001 Judgment delivered at Toronto, Ontario, on Tuesday, March 27, 2001
REASONS FOR JUDGMENT BY: ROTHSTEIN J.A. MALONE J.A. Date: 20010327 Docket: A-568-99
Neutral citation: 2001 FCA 89 CORAM: ROTHSTEIN J.A. EVANS J.A. MALONE J.A. BETWEEN: GSW INC. Appellant - and - THE REGISTRAR OF TRADE-MARKS and STA-RITE INDUSTRIES, INC. Respondents REASONS FOR JUDGMENT
ROTHSTEIN J.A. On the basis of the evidence before him, I am not persuaded that the Trial Judge made a palpable and overriding error in concluding that the Appellant failed to establish that the term STA-DRY in relation to submersible and utility pumps was not clearly descriptive within the meaning of that term in paragraph 12 (1)(b) of the Trade Marks Act. The appeal will be dismissed with costs. "Marshall Rothstein" "I agree John M. Evans" "I agree B. Malone" FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-568-99 STYLE OF CAUSE: GSW INC. Appellant - and - THE REGISTRAR OF TRADE-MARKS and STA-RITE INDUSTRIES, INC. Respondents DATE OF HEARING: MONDAY, MARCH 26, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT BY: ROTHSTEIN J.A. CONCURRED IN BY: EVANS J.A. MALONE J.A. DATED: TUESDAY, MARCH 27, 2001 APPEARANCES: Tony Bortolin For the Appellant Michael Charles For the Respondent SOLICITORS OF RECORD: Macbeth & Johnson Barristers & Solicitors 301-133 Richmond St. W. Toronto, Ontario M5H 2L7 For the Appellant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF APPEAL Date: 20010327 Docket: A-568-99 BETWEEN: GSW INC. Appellant - and - THE REGISTRAR OF TRADE-MARKS and STA-RITE INDUSTRIES, INC. Respondents
REASONS FOR JUDGMENT
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