The appellant manufactured and sold desk trays under the name Starmark.
The respondents manufactured and sold identical trays made of lighter material.
The appellant brought an action for passing-off, which was dismissed at trial and on appeal.
The Supreme Court of Canada dismissed the appeal, upholding the concurrent findings of fact that the appellant's trays had not acquired a secondary meaning or reputation in the market, and finding that the trial judge had not imposed an improper burden of proof on the appellant.
