Mattel Inc v 3894207 Canada Inc the opinion to which seven other justices joined. LeBel, J. wrote a concurring opinion. The issue addressed was whether Mattel Inc., owner of the Barbie trade-mark, could prevent a small chain of Montreal-based restaurants from registering the name "Barbie’s" with the Trademark Office, based on the likelihood of confusion in the marketplace between the two names. The Supreme Court of Canada upheld the decision of the Trade-marks Opposition Board, that the use of the "Barbie" name for the Montreal-based restaurant would not likely create confusion in the marketplace with Mattel Inc.’s Barbie trade-mark, and allowed its registration. Binnie held that
Miller's Department Store Store was formed August 1, 1973, from the consolidation by retail conglomerate Garfinckel, Brooks Brothers, Miller & Rhoads, Inc. of the two related Tennessee-based department stores: Miller Brothers of Chattanooga and Miller, Inc., of Knoxville. At formation the combined chain had 11 stores and two specialty shops in East Tennessee, Georgia, Virginia, and North Carolina. In 1981, with the acquisition of its parent conglomerate, Miller's became a part of Allied Stores. In 1986, the chain was acquired in a hostile takeover by Hess's; then converted to Dillard's in 1992. The Miller Brothers of Chattanooga flagship store, at 629 Market Street