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QUALITY DOCUMENT SCANNING StorageLitigation Support/Archive Scan-to-File June 12, 2006 • Strong Laws For Women 3 $3.55 • Vol. 17, No. 20 Climb Every Mountain 5 Strong Laws For Women Focus On Real Estate Law 39 Climb Every Mountain 5 Focus On Real Estate Law BY MARK BOURRIE For Law Times 9 Clicquot champagne that a similarly named group of women's clothing claim by the makers of Veuve Court level.Mitchell B. Charness, an intel- were also successful at the Federal of Montreal-area restaurants to keep using Barbie in its name and design. The court also rejected a lectual property lawyer and partner that permitted a three-outlet chain Court of Appeal subsequently Federal Court, and the Federal On June 2, the Supreme Court of Canada ruled against toy-maker Mattel Inc., which had been appealing a lower court decision ior Canadian IP lawyers. upheld the board's decision. The owners of Les Boutiques Cliquot representing companies that hold the rights to famous brands will have to prove a real connection between their marks and the prod- ucts of a company that infringes on the original trademark, say sen- OTTAWA — Trademark lawyers Opposition Board of the Canadian In 2002, the Trade-marks Clicquot champagne that a similarly named group of women's clothing claim by the makers of Veuve Court level.Mitchell B. Charness, an intel-not give small businesses a free were also successful at the Federalin Ridout & Maybee LLP in design. The court also rejected astores in Quebec and eastern owners of Les Boutiques Cliquot of Montreal-area restaurants to keep using Barbie in its name and BY MARK BOURRIE For Law Times house-style food. Barbie's Restaurant won at the since 1992 would not likely create consumer confusion with Mattel's dolls. Barbie's Restaurant has grown into a three-outlet chain in the Montreal area serving road- that its use of the "Barbie" name mark holder, it doesn't mean it's the end of protection of famous marks or that the famous mark holder can never stop anyone from using their trademark," Charness says. "What the cases mean is that we have to now look at how famous is the client's trademark and is there a connection or at least some possi- ble connection between the wares and services normally associated with the famous mark and whatev- Intellectual Property Office accept- ed Barbie's Restaurant's argument "It's not enough to just be famous. That's not going to carry er the third party is doing. See Fame, page 2 www.lawtimesnews.com upheld the board's decision. The Ontario infringed on its trademark. Ottawa, says the decision does er the third party is doing. famous brand. "If our client is a famous trade- that permitted a three-outlet chain Court of Appeal subsequently Federal Court, and the Federal On June 2, the Supreme Court of Canada ruled against toy-maker Mattel Inc., which had been appealing a lower court decision ior Canadian IP lawyers. on the original trademark, say sen- "Blurting out the government's theory tonever stop anyone from using their consumer confusion with Mattel's ucts of a company that infringestion of anonymity, was of the same mind. or that the famous mark holder can since 1992 would not likely create between their marks and the prod- A top criminal lawyer, who spoke on condi-end of protection of famous marks that its use of the "Barbie" name mark holder, it doesn't mean it's the representing companies that hold the rights to famous brands will have to prove a real connection ment not only from defence counsel, but also from any human being," he told Law Times. "I find the statement made [about the beheading] quite disturbing." ed Barbie's Restaurant's argument the media is puffery," the lawyer said. "I'm not saying there's not a place for it, but it should have been done in a context that house-style food. Barbie's Restaurant won at the dolls. Barbie's Restaurant has grown into a three-outlet chain in the Montreal area serving road- trademark," Charness says. "What the cases mean is that we have to now look at how famous is the client's trademark and is there a connection or at least some possi- ble connection between the wares and services normally associated with the famous mark and whatev- lectual property lawyer and partnerrein to hitch their business to a famous. That's not going to carry "It's not enough to just be See Fame, page 2 OTTAWA — Trademark lawyers Opposition Board of the Canadian In 2002, the Trade-marks year-old student Saad Khalid and who has prac- tised criminal law for over 25 years, says he saw no reference to a beheading in the synopsis the Crown provided to him. my way of doing business at such an early junc- ture in the proceedings," says Galati, who repre- sents another of the 17 accused. Arif Raza of Mississauga, who represents 19- stores in Quebec and eastern the most experience in terrorism-related cases in Canada — questions tactics of this kind. ally indicated that he wanted to behead the prime minister of Canada," Batasar told media on June 6.But Rocco Galati — one of the lawyers with der them, and blow up the CBC's Toronto head- quarters as part of a massive terrorist plot, is under fire from his criminal law colleagues. C 25-year old restaurant worker Steven hand, intended to take politicians hostage, mur- T the media is puffery," the lawyer said. "I'm not saying there's not a place for it, but it should have been done in a context that "Blurting out the government's theory to "Reading unsubstantiated allegations is not A top criminal lawyer, who spoke on condi- tion of anonymity, was of the same mind. ment not only from defence counsel, but also from any human being," he told Law Times. "I find the statement made [about the beheading] quite disturbing." "I would expect a far more responsible state- "There's an allegation that my client person- year-old student Saad Khalid and who has prac- tised criminal law for over 25 years, says he saw no reference to a beheading in the synopsis the Crown provided to him. he tactics of Gary Batasar, the lawyer who revealed Crown allegations that his client, my way of doing business at such an early junc- ture in the proceedings," says Galati, who repre- sents another of the 17 accused. Arif Raza of Mississauga, who represents 19- BY JULIUS MELNITZER For Law Times Photo: Frank Gunn/CP in these conditions. This is not a case that calls for hush-hush." "I would expect a far more responsible state-not give small businesses a free Intellectual Property Office accept- famous brand. "If our client is a famous trade- rein to hitch their business to a Ontario infringed on its trademark. Ottawa, says the decision does in Ridout & Maybee LLP in dinary allegations that call for an abnormal response," he said. "Niceties have to go out the window when the charges against the accused are drawing global media to Peel Region. "Defence counsel should not just stay silent 1998, is adamant that he did the right thing. "These are extraordinary times and extraor- would not create the headlines that it did." For his part, Batasar, a criminal lawyer since 'These are extraordinary times and extraordinary allegations that call for an abnormal response,' says Gary Batasar, right, with lawyer Donald McLeod outside the Brampton courthouse. media crush that followed outside the courtroom. Some well-known members of the defence bar, also speaking off the record, questioned why Photo: Frank Gunn/CP in these conditions. This is not a case that calls for hush-hush." dinary allegations that call for an abnormal response," he said. "Niceties have to go out the window when the charges against the accused are drawing global media to Peel Region. "Defence counsel should not just stay silent 1998, is adamant that he did the right thing. "These are extraordinary times and extraor- would not create the headlines that it did." For his part, Batasar, a criminal lawyer since 'These are extraordinary times and extraordinary allegations that call for an abnormal response,' says Gary Batasar, right, with lawyer Donald McLeod outside the Brampton courthouse. media crush that followed outside the courtroom. Some well-known members of the defence bar, also speaking off the record, questioned why Photo: David W. Nees See No, page 2 The Supreme Court says con- sumers won't confuse Barbie dolls for nachos and steaks served in a Quebec roadhouse restaurant with the same name. lous." He points out that the issue first arose in the courtroom when he asked prosecutor Jim Leising whether he had any evidence to substan- tiate the sensational allegations in the synopsis. He says he had no choice but to respond to the Batasar says the media's treatment of his remarks and the criticism of his action are "ridicu- lous." He points out that the issue first arose in the courtroom when he asked prosecutor Jim Leising whether he had any evidence to substan- tiate the sensational allegations in the synopsis. He says he had no choice but to respond to the Batasar says the media's treatment of his remarks and the criticism of his action are "ridicu- the most experience in terrorism-related cases in Canada — questions tactics of this kind. "Reading unsubstantiated allegations is not ally indicated that he wanted to behead the prime minister of Canada," Batasar told media on June 6.But Rocco Galati — one of the lawyers with der them, and blow up the CBC's Toronto head- quarters as part of a massive terrorist plot, is under fire from his criminal law colleagues. "There's an allegation that my client person- C 25-year old restaurant worker Steven hand, intended to take politicians hostage, mur- T BY JULIUS MELNITZER For Law Times he tactics of Gary Batasar, the lawyer who revealed Crown allegations that his client, Covering Ontario's Legal Scene QUALITY DOCUMENT SCANNING StorageLitigation Support/Archive Scan-to-File June 12, 2006 • STG_05_LT_boxAd 9/12/06 2:42 PM LEGAL SUPPLIERS GUIDE April 26, 2010 • lAw Times See No, page 2 Photo: David W. Nees The Supreme Court says con- sumers won't confuse Barbie dolls for nachos and steaks served in a Quebec roadhouse restaurant with the same name. 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It's Your Choice! 1-800-653-0925 • www.docudavit.com Inside This Issue Colleagues say statements to press were irresponsible Batasar under fire from other lawyers www.divorcemate.com Pay-Per-Use or Subscription... It's Your Choice! 1-800-653-0925 • www.docudavit.com Inside This Issue Colleagues say statements to press were irresponsible Batasar under fire from other lawyers " Quote of the week We can cope with this case so long as the federal and provincial government respond to the strains it creates. It's too early to tell how everything will play out, but the lengthier and more complex it gets, the more important it is that we have the resources." — Janet Leiper, LAO's chairwoman See Batasar, page 1 Trademark holders must prove real connection " Quote of the week We can cope with this case so long as the federal and provincial government respond to the strains it creates. It's too early to tell how everything will play out, but the lengthier and more complex it gets, the more important it is that we have the resources." — Janet Leiper, LAO's chairwoman See Batasar, page 1 Trademark holders must prove real connection