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
Porteous (store) Grant store in Cooks Corner Shopping Center in Brunswick ME had been taken over by JC Penney, but was subsequently closed when the JC Penney store opened at the expanded Maine Mall in South Portland in 1983. Porteous not only opened in The Maine Mall at this time but also took over the Cooks Corner location. The downtown Portland flagship store closed not long after the Maine Mall store opened. Owned by the Dunlaps Store chain based in Texas in its last years (starting around 1993), and operated as "PMB, Inc.--a Division of Dunlaps", the chain found itself flustered with