Molson Canada v. Anheuser-Busch Inc.

Molson Canada v. Anheuser-Busch Inc.

The Registrar correctly applied the s.6(5) factors and, on the proper material date, found no reasonable likelihood of confusion: GOLDEN is an inherently weak/descriptive element in relation to beer, MICHELOB plus the design make Anheuser's mark inherently distinctive as a whole, channels and wares were the same but overall resemblance was low, and the Registrar did not exceed jurisdiction by commenting on descriptiveness; therefore the appeal is dismissed and Anheuser is entitled to costs.

Citation
2003 FC 1294
Parties
Applicant/opponent: MOLSON CANADA; Respondent/applicant: ANHEUSER-BUSCH, INCORPORATED
Court
Federal Court
Jurisdiction
Canada
Judgment Date
5 November 2003
Procedural Posture
Appeal From Registrar of Trade Marks (trade Marks Act) / Federal Court Appeal Under S.56 (decision on Registrability, Entitlement and Distinctiveness)
Outcome
Appeal dismissed
Legal Topics
Registrability, Likelihood of Confusion, Distinctiveness, Entitlement to Registration, Standard of Review, S.6(5) Factors
Source Language
English
Intellectual Property Trade Marks Law Civil Procedure Registrability Likelihood of Confusion Distinctiveness Entitlement to Registration Standard of Review +1 more

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Parties

MOLSON CANADA

Applicant/opponent

ANHEUSER-BUSCH, INCORPORATED

Respondent/applicant

Procedural Posture

Appeal From Registrar of Trade Marks (trade Marks Act) / Federal Court Appeal Under S.56 (decision on Registrability, Entitlement and Distinctiveness)

Legal Issues

  1. 1 Whether MICHELOB GOLDEN DRAFT & Design is confusing with Molson's GOLDEN family of marks
  2. 2 Whether the word GOLDEN is inherently distinctive or descriptive in relation to beer
  3. 3 Whether Registrar erred in failing to treat non-distinctiveness and entitlement separately or to consider Molson's alleged family of marks

Ratio Decidendi

The Registrar correctly applied the s.6(5) factors and, on the proper material date, found no reasonable likelihood of confusion: GOLDEN is an inherently weak/descriptive element in relation to beer, MICHELOB plus the design make Anheuser's mark inherently distinctive as a whole, channels and wares were the same but overall resemblance was low, and the Registrar did not exceed jurisdiction by commenting on descriptiveness; therefore the appeal is dismissed and Anheuser is entitled to costs.

Court Disposition

Appeal dismissed

Orders

  • The appeal of Molson is dismissed.
  • Anheuser-Busch, Incorporated shall have its costs of the appeal.