Mattel Inc v 3894207 Canada Inc Mattel Inc v 3894207 Canada Inc Mattel Inc v 3894207 Canada Inc is a leading decision of the Supreme Court of Canada on the infringement of famous trade-mark names. The Court found that Mattel Inc. could not enforce the use of their trade-marked name "BARBIE" against a restaurant named "Barbie's". Barbie’s restaurant, a Montreal chain of "bar-and-grill" type restaurants catering primarily to adults, applied to register the trade-mark "Barbie’s" and an associated design with respect to "restaurant services, take-out services, catering and banquet services." Mattel Inc. owns the "Barbie" trade-mark, and has a worldwide reputation for Barbie dolls and accessories
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