Jacques A. Léger

The appellant, owner of the famous VEUVE CLICQUOT trade-mark for champagne, sought to prevent the respondents from using the trade-name and registered trade-marks 'Cliquot' in association with their mid-priced women's clothing stores.

The appellant alleged that the respondents' use caused confusion under section 20 of the Trade-marks Act and depreciated the value of the goodwill attaching to its mark under section 22.

The Supreme Court of Canada dismissed the appeal, finding no likelihood of confusion given the significant differences in the wares and channels of trade.

The Court also dismissed the section 22 claim, holding that the appellant failed to establish that consumers would make a mental association between the clothing stores and the champagne mark, or that any such association would likely depreciate the value of the appellant's goodwill.

The respondent composed a song and registered it with a performing rights society.

The appellant television broadcaster broadcasted performances of the song using a prerecorded tape without obtaining the respondent's permission to make the recording, although it paid the required performing rights fees.

The Supreme Court of Canada held that the right to broadcast a performance under the Copyright Act does not include the incidental right to make an ephemeral recording to facilitate the broadcast.

The Court found that the right to perform and the right to record are distinct statutory rights, and the broadcaster's performing rights licence did not imply consent to make the prerecording.