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Date: 20010405 Docket: A-708-99 Neutral citation: 2001 FCA 107 CORAM: ISAAC J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: JAGUAR CARS LIMITED Appellant (Opponent) - and -
REMO IMPORTS LTD./LES IMPORTATIONS REMO LTEE
Respondent (Applicant) Heard at Toronto, Ontario, Thursday, April 5, 2001 Judgment delivered from the Bench at Toronto, Ontario, on Thursday, April 5, 2001 REASONS FOR JUDGMENT OF THE COURT BY: ISAAC J.A. Date: 20010405 Docket: A-708-99 Neutral citation: 2001 FCA 107 CORAM: ISAAC J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: JAGUAR CARS LIMITED Appellant (Opponent)
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REMO IMPORTS LTD./LES IMPORTATIONS REMO LTEE Respondent (Applicant) (Delivered from the Bench at Toronto, Ontario on Thursday, April 5, 2001) This is an appeal from an order made by a Motions Judge in the Trial Division on 27 October, 1999 which dismissed the appellant's appeal from a decision of the Registrar of Trade marks dated 24 February, 1998, on the basis of Ground 3 in the appellant's Statement of Opposition. By that decision, the Registrar of Trade Marks rejected the appellant's opposition to the Respondent's application to register the mark JAGUAR for briefcases on the ground that it was not confusing with the applicant's trade-mark or trade name. Having heard the submissions of counsel for the parties, we are all of the view that the learned Motions Judge took into account all relevant considerations when he made the discretionary order that he did. We will therefore dismiss the appeal with costs. "Julius A. Isaac" FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-708-99 STYLE OF CAUSE: JAGUAR CARS LIMITED Appellant (Opponent) - and - REMO IMPORTS LTD./LES IMPORTATIONS REMO LTEE Respondent (Applicant) DATE OF HEARING: THURSDAY, APRIL 5, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT OF THE COURT BY: ISAAC J.A. DATED: THURSDAY, APRIL 5, 2001 APPEARANCES: Ms. Pauline Bosman For the Appellant (Opponent) Mr. Richard Uditsky For the Respondent (Applicant) SOLICITORS OF RECORD: Ridout & Maybee Patent & Trade Mark Agents 2400-1 Queen Street East Toronto, Ontario M5C 3B1 For the Appellant (Opponent) Mendelsohn Rosentzveig Shacter Barristers & Solicitors 1000 Sherbrooke Street West, 27th Floor Montreal, Quebec H3A 3G4 For the Respondent (Applicant) FEDERAL COURT OF APPEAL Date: 20010405 Docket: A-708-99 BETWEEN: JAGUAR CARS LIMITED Appellant (Opponent) - and - REMO IMPORTS LTD./LES IMPORTATIONS REMO LTEE Respondent (Applicant)
REASONS FOR JUDGMENT OF THE COURT
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