Merchandising has come a long way from the days when “marks” were carved on silver goblets or earthenware jugs to identi

[answerhappygod]

Merchandising has come a long way from the days when “marks”were carved on silver goblets or earthenware jugs to identify thewares produced by a certain silversmith or potter. Theirtraditional role was to create a link in the prospective buyer’smind between the product and the producer. The power ofattraction of trade-marks and other “famous brand names” is nowrecognized as among the most valuable of business assets. However, whatever their commercial evolution, the legal purpose oftrade-marks continues (in terms of s. 2 ofthe Trade-marks Act, R.S.C. 1985, c. T-13 )to be their use by the owner “to distinguish wares or servicesmanufactured, sold, leased, hired or performed by him from thosemanufactured, sold, leased, hired or performed by others”. Itis a guarantee of origin and inferentially, an assurance to theconsumer that the quality will be what he or she has come toassociate with a particular trade-mark (as in the case of themythical “Maytag” repairman).
The BARBIE doll is said by the manufacturer, Mattel Inc. to bean iconic figure of pop culture. And so, within limits, itis. The sale of various BARBIE products annually exceeds $1.4billion worldwide, representing 35 percent of the appellant’ssales. The appellant advises that Canadian girls aged 3 to 11years are given an average of two BARBIE dolls per year. Mattel was recently advised that a company is seeking to registertrade-marks in connection with its small chain of Montreal suburban“Barbie’s” restaurants. Mattel feels the use of the name (albeit inrelation to different wares and services) would likely createconfusion in the marketplace. On a casual acquaintance withboth marks, it is contended, there is a likelihood that consumerswould think that the doll people had something to do with arestaurant called “Barbie’s”. Or, as Mattel framed its pointin a consumer survey by asking the following question “Do youbelieve that the company that makes Barbiedolls might have anything to do with therestaurant identified by this sign or logo?” (Emphasis added.)
The matter proceeds to Court. How do you think a court wouldrule on the issue?
New answer please & thank you!