Gold Medal Camp Furniture Mfg. Co. v. Gold Medal Furniture Mfg. Co. Ltd.

Gold Medal Camp Furniture Mfg. Co. v. Gold Medal Furniture Mfg. Co. Ltd.

The appeal was dismissed because evidence established prior use in Canada by the respondent's predecessors of the trade-mark on goods of the same class before the appellant began business in Canada, and therefore the appellant's registration was properly expunged.

Citation
[1928] SCR 575
Parties
Appellant (objecting Party): Gold Medal Camp Furniture Mfg. Co.; Respondent (petitioner): Gold Medal Furniture Manufacturing Company Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 April 1928
Procedural Posture
Trade Mark Registration Expungement Appeal / Appeal to the Supreme Court of Canada From the Exchequer Court of Canada
Outcome
Appeal dismissed with costs; expunging of appellant's trade-mark registration upheld.
Legal Topics
Prior User, Registration Expungement, Trademark Distinctiveness
Source Language
English
Intellectual Property Trade Mark Law Prior User Registration Expungement Trademark Distinctiveness

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Parties

Gold Medal Camp Furniture Mfg. Co.

Appellant (objecting Party)

Gold Medal Furniture Manufacturing Company Limited

Respondent (petitioner)

Procedural Posture

Trade Mark Registration Expungement Appeal / Appeal to the Supreme Court of Canada From the Exchequer Court of Canada

Legal Issues

  1. 1 Whether respondent's predecessors in title had prior user in Canada of the trade-mark "Gold Medal" on goods of the same class before the appellant began business in Canada
  2. 2 Whether appellant's registration should be expunged on the basis of that prior user
  3. 3 Whether the words "Gold Medal" inherently possess the essentials of a valid trade-mark (not decided)

Ratio Decidendi

The appeal was dismissed because evidence established prior use in Canada by the respondent's predecessors of the trade-mark on goods of the same class before the appellant began business in Canada, and therefore the appellant's registration was properly expunged.

Court Disposition

Appeal dismissed with costs; expunging of appellant's trade-mark registration upheld.

Orders

  • Appeal dismissed with costs.
  • Order expunging the appellant's specific trade-mark "Gold Medal" from the Canadian Trade-Mark Register affirmed.