Supreme Court sides with restaurant in Barbie trademark dispute
The Supreme Court of Canada has found Canadians are unlikely to confuse Barbie dolls with a Montreal restaurant, or mistake Veueve Clicquot champagne for a chain of women's clothing stores.In a rare and closely-watched judgment on trade-marks, the court ruled that "famous" trademarks do not extend to different products or services that cannot be confused with the original.
"The fact of being famous or well known does not by itself provide absolute protection for a trade-mark," the court declared.
Mattel Inc., the maker of Barbie dolls and owner of the Barbie trade-mark, was trying to prevent a Montreal business owner from registering the name Barbie's Bar and Grill. It argued that the "aura" of Barbie dolls goes beyond the line of children's toys.
Veuve Clicquot, the French champagne maker, was opposed to a women's retailer calling its chain of six stores in Ontario and Quebec Les Boutique Cliquot.
And just in case you can't tell the difference......
Barbie and friend
Grill
Champagne
Lingerie
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