Cross-Canada Auto Body Supply (Windsor) Limited v. Hyundai Auto Canada
The trial judge did not commit a palpable or overriding error in finding the marks distinctive of Hyundai Canada and the appellants failed to prove abandonment; therefore the appeal is dismissed.
Source-derived case information.
- Citation
- 2008 FCA 98
- Parties
- Appellant: Cross-Canada Auto Body Supply (Windsor) Limited; Appellant: Cross-Canada Auto Body Supply (West) Limited; Appellant: At Pac West Auto Parts Enterprise Ltd.; Respondent: Hyundai Auto Canada, a division of Hyundai Motor America
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 11 March 2008
- Procedural Posture
- Federal Court of Appeal Civil Trademark Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Distinctiveness, Abandonment, Standard of Review, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cross-Canada Auto Body Supply (Windsor) Limited
Appellant
Cross-Canada Auto Body Supply (West) Limited
Appellant
At Pac West Auto Parts Enterprise Ltd.
Appellant
Hyundai Auto Canada, a division of Hyundai Motor America
Respondent
Procedural Posture
Federal Court of Appeal Civil Trademark Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the trade-marks were distinctive of the seller (Hyundai Canada) to the exclusion of the manufacturer (Hyundai Korea)
- 2 Whether the trade-marks "HMC Design" and "HD & Hyundai Design" had been abandoned
Ratio Decidendi
The trial judge did not commit a palpable or overriding error in finding the marks distinctive of Hyundai Canada and the appellants failed to prove abandonment; therefore the appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
Cross-Canada Auto Body Supply (Windsor) Limited v. Hyundai Auto Canada Court (s) Database Federal Court of Appeal Decisions Date 2008-03-11 Neutral citation 2008 FCA 98 File numbers A-311-07 Decision Content Date: 20080311 Docket: A-311-07 Citation: 2008 FCA 98 CORAM: DESJARDINS J.A. NOËL J.A. TRUDEL J.A. BETWEEN: CROSS-CANADA AUTO BODY SUPPLY (WINDSOR) LIMITED, CROSS-CANADA AUTO BODY SUPPLY (WEST) LIMITED and AT PAC WEST AUTO PARTS ENTERPRISE LTD., Appellants (Applicants) and HYUNDAI AUTO CANADA, A DIVISION OF HYUNDAI MOTOR AMERICA, Respondent (Respondent) Heard at Montréal, Quebec, on March 11, 2008. Judgment delivered from the Bench at Montréal, Quebec, on March 11, 2008. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20080311 Docket: A-311-07 Citation: 2008 FCA 98 CORAM: DESJARDINS J.A. NOËL J.A. TRUDEL J.A. BETWEEN: CROSS-CANADA AUTO BODY SUPPLY (WINDSOR) LIMITED, CROSS-CANADA AUTO BODY SUPPLY (WEST) LIMITED and AT PAC WEST AUTO PARTS ENTERPRISE LTD., Appellants (Applicants) and HYUNDAI AUTO CANADA, A DIVISION OF HYUNDAI MOTOR AMERICA, Respondent (Respondent) REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec, on March 11, 2008) NOËL J.A. [1] Given the question that was put to the applications judge by counsel for both parties, i.e. whether the trade-marks in issue were distinctive of the seller, Hyundai Canada, to the exclusion of the manufacturer, Hyundai Korea, or vice versa, we are satisfied that the trial judge committed no palpable or overriding error in concluding that the trade-marks were distinctive of Hyundai Canada. [2] Similarly, we see no basis for intervening in the applications judge’s conclusion that the appellants had failed to meet their burden of establishing that the “HMC Design” and “HD & Hyundai Design” trade-marks were abandoned. There was no palpable or overriding error in this regard. [3] The appeal will be dismissed with costs. “Marc Noël” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-311-07 APPEAL FROM A JUDGMENT OF THE HONOURABLE MADAM JUSTICE TREMBLAY-LAMER DATED JUNE 1, 2007, DOCKET NO. T-1005-05. STYLE OF CAUSE: CROSS-CANADA AUTO BODY SUPPLY (WINDSOR) LIMITED ET AL v. HYUNDAI AUTO CANADA, A DIVISION OF HYUNDAI MOTOR AMERICA PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: March 11, 2008 REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. NOËL J.A. TRUDEL J.A. DELIVERED FROM THE BENCH BY: NOËL J.A. APPEARANCES: Mr. François Grenier FOR THE APPELLANTS (APPLICANTS) Mr. Scott Fairley Mr. Jeffrey Brown FOR THE RESPONDENT (RESPONDENT) SOLICITORS OF RECORD: Léger Robic Richard LLP Montréal, Quebec FOR THE APPELLANTS (APPLICANTS) Theall Group LLP Toronto, Ontario FOR THE RESPONDENT (RESPONDENT)