Channell Co. v. Rombough

Channell Co. v. Rombough

The registered mark "O'Cedar" did not entitle the registrant to exclude use by others of the common descriptive word "cedar" applied to polishes and mops that contain cedar oil; the appellants failed to prove secondary meaning or passing-off, so the registration did not support an infringement or passing-off remedy.

Citation
[1924] SCR 600
Parties
Appellant; Plaintiff: Channell Limited; Respondent; Defendant: M. A. Rombough; Respondent; Defendant: Dust Control Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 November 1924
Procedural Posture
Intellectual Property Trade Mark Infringement / Appeal to Supreme Court of Canada From the Court of Appeal for British Columbia (final Disposition)
Outcome
Appeal dismissed; judgment of the Court of Appeal for British Columbia affirmed; original action dismissed.
Legal Topics
Descriptive Mark, Registrability, Secondary Meaning, Passing Off, Infringement
Source Language
English
Intellectual Property Trade Mark Law Passing Off Descriptive Mark Registrability Secondary Meaning Infringement

Case Brief

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Parties

Channell Limited

Appellant; Plaintiff

M. A. Rombough

Respondent; Defendant

Dust Control Company

Respondent; Defendant

Procedural Posture

Intellectual Property Trade Mark Infringement / Appeal to Supreme Court of Canada From the Court of Appeal for British Columbia (final Disposition)

Legal Issues

  1. 1 Whether the mark "O'Cedar" is a valid, registrable trade-mark or merely descriptive
  2. 2 Whether the respondents' use of "Cedar" or "Cedarbrite" infringed the appellants' registered mark
  3. 3 Whether the respondents fraudulently passed off their goods as those of the appellants

Ratio Decidendi

The registered mark "O'Cedar" did not entitle the registrant to exclude use by others of the common descriptive word "cedar" applied to polishes and mops that contain cedar oil; the appellants failed to prove secondary meaning or passing-off, so the registration did not support an infringement or passing-off remedy.

Court Disposition

Appeal dismissed; judgment of the Court of Appeal for British Columbia affirmed; original action dismissed.

Orders

  • Appeal dismissed with costs.