Molson Canada v. Anheuser-Busch Inc.

Molson Canada v. Anheuser-Busch Inc.

The Federal Court upheld the Registrar: Molson failed to meet initial evidential burdens under s.30(d) and s.30(e); GOLDEN is inherently descriptive/weak in relation to beer and has limited ambit of protection; there is no reasonable likelihood of confusion between MICHELOB GOLDEN DRAFT and Molson's marks when marks are considered in their entireties and having regard to s.6(5) factors and state-of-register evidence; the Registrar did not exceed jurisdiction in assessing inherent distinctiveness; appeal dismissed and costs awarded to respondent.

Citation
2003 FC 1287
Parties
Applicant/opponent: Molson Canada; Respondent/applicant: Anheuser-Busch, Incorporated
Court
Federal Court
Jurisdiction
Canada
Judgment Date
5 November 2003
Procedural Posture
Trade Marks Appeal Under Trade Marks Act (s.56) / Federal Court Appeal From Registrar Decision (reasons and Order)
Outcome
Appeal dismissed.
Legal Topics
Registrability, Distinctiveness, Likelihood of Confusion, S.30 Compliance (proposed Use/prior Foreign Use), State of the Register Evidence, Standard of Review
Source Language
English
Intellectual Property Trade Mark Law Administrative Law Registrability Distinctiveness Likelihood of Confusion S.30 Compliance (proposed Use/prior Foreign Use) State of the Register Evidence +1 more

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Parties

Molson Canada

Applicant/opponent

Anheuser-Busch, Incorporated

Respondent/applicant

Procedural Posture

Trade Marks Appeal Under Trade Marks Act (s.56) / Federal Court Appeal From Registrar Decision (reasons and Order)

Legal Issues

  1. 1 Whether Registrar erred in finding compliance with s.30(d) and s.30(e) of the Trade-marks Act
  2. 2 Whether MICHELOB GOLDEN DRAFT is confusing with Molson's GOLDEN and MOLSON GOLDEN family of marks under s.12(1)(d) and s.6(2)
  3. 3 Whether the word GOLDEN is inherently distinctive or descriptive

Ratio Decidendi

The Federal Court upheld the Registrar: Molson failed to meet initial evidential burdens under s.30(d) and s.30(e); GOLDEN is inherently descriptive/weak in relation to beer and has limited ambit of protection; there is no reasonable likelihood of confusion between MICHELOB GOLDEN DRAFT and Molson's marks when marks are considered in their entireties and having regard to s.6(5) factors and state-of-register evidence; the Registrar did not exceed jurisdiction in assessing inherent distinctiveness; appeal dismissed and costs awarded to respondent.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed.
  • Anheuser-Busch, Inc. awarded its costs of the appeal.