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
Red and White Brand time the company was operating as its own chain of Flickinger's retail stores, as well as the wholesale operation supplying other retailers. Today, there are thousands of Red & White products serving as the primary store brand in independent grocery stores across the United States. In 1908 Smith Michael (S.M.) Flickinger developed the first store brand product, cans of coffee, to compete with A&P. Flickinger named the brand Red & White after the colors of his store shelves and the coffee was a hit. Over the course of the next ten years, a wide assortment of Red & White products