James Green

Two consolidated appeals were brought from a decision of the Registrar of Trademarks regarding a trademark application for GNR CAMPING WORLD & Design.

The Opposition Board had split its decision, allowing the application for goods but refusing it for services, and finding no likelihood of confusion with the opponent's CAMPING WORLD trademark.

The Federal Court dismissed both appeals, finding no palpable and overriding error in the Opposition Board's conclusions on use of the trademark in association with goods and services, nor in its confusion analysis.

The defendants appealed a prothonotary's order dismissing their motion to stay the proceedings in favour of arbitration in Bermuda.

The plaintiff alleged copyright, trademark, and radiocommunication infringement.

The Federal Court allowed the appeal, finding that the prothonotary applied the incorrect legal test.

Following the competence-competence principle from Dell Computer Corp v Union des consommateurs, the Court held that the complex issues of mixed fact and law regarding the scope, validity, and termination of the agreement must first be determined by an arbitrator.