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
Mattel Inc v 3894207 Canada Inc Federal Court of Appeal both upheld the Trade-marks Opposition Board’s decision. Mattel Inc. appealed to the Supreme Court of Canada. The Board found that there was not a strong likelihood of consumer confusion. The Board based its decision on the fact that Mattel presented no evidence of actual confusion (although it was not required to), the mark had a low degree of inherent distinctiveness (as it is a short form of the name "Barbara"), and the nature of the uses by the two parties were very different. Mattel appealed the Board's ruling to the Federal Court. The Federal Court decided