Digests

Salomon S.A. v. Tricot Exclusive Inc.

T-954-00

2001 FCT 842, Rouleau J.

31/7/01

17 pp.

Appeal from Registrar of Trade-marks' decision dismissing opposition by Salomon S.A. to registration application No. 805,808 for trade-mark "Salmone" by Tricot Exclusive Inc.--Appellant artificial person under French law having its head office in France--Operating business of designing, manufacturing, marketing, distributing, promoting and selling sporting items--Respondent, with head office in Montréal, operating business of manufacturing and distributing clothing, footwear and various headwear--In support of opposition, appellant filed affidavit signed by Robert Langlois, president of Salomon Canada Sports Ltée--Registrar's decision based on questions relating to evidence of use of "Salomon" trade-marks in Canada by appellant at time respondent applied to register mark "Salmone"--Decision not correct in law as Registrar erred in concluding that Langlois' affidavit was partly hearsay and did not establish link between appellant Salomon S.A. and Salomon Canada Sports Ltée--Langlois' affidavit not only admissible but also significant--Evidence filed at hearing before Registrar sufficient to establish user of trade-mark "Salomon"--Supplementary evidence filed by appellant in Court clearly established its use of trade-marks in Canada--Issue whether "Salmone" trade-mark confusing with "Salomon" trade-marks--Overwhelming evidence submitted by appellant establishing that "Salomon" marks well-known in Canada in association with sporting items--Salomon S.A. and Tricot Exclusive Inc. operating in same activity sector and operate in very similar business areas in respect of sale of sporting goods--Wares bearing trade-marks visually and phonetically resembling each other, which cannot but create confusion--Respondent has not established absence of risk that registration of "Salmone" trade-mark will create confusion in minds of average consumers with "Salomon" trade-marks--Appeal allowed.