Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
30899
Yvon Rodrigue v. Her Majesty the Queen
(Quebec) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2005-11-29 | Appeal closed | |
| 2005-11-29 | Transcript received, (10 pages) | |
| 2005-11-18 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2005-11-18 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-11-17 |
Judgment on the appeal rendered, Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-10-002470-027, dated April 1, 2005, was heard this day and the following judgment was rendered: [Translation] The Court (orally) – Like the Court of Appeal, we are all of the view that the trial judge, in finding the necessary criminal intent in the instant case, committed no error that would warrant the intervention of this Court. The appeal is accordingly dismissed. Dismissed |
|
| 2005-11-17 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2005-11-17 |
Hearing of the appeal, 2005-11-17, Ba Bi LeB De F Abe Cha Judgment rendered |
|
| 2005-11-03 | Notice of appearance, Pierre Proulx and Henri-Pierre LaBrie will be present at the hearing. | Her Majesty the Queen |
| 2005-09-13 | Respondent's record, (Certificate of Counsel filed with 12 VHS tapes (P-2) and 12 CD-ROMs (P-3)), Completed on: 2005-09-13 | Her Majesty the Queen |
| 2005-09-13 | Respondent's book of authorities, Completed on: 2005-09-13 | Her Majesty the Queen |
| 2005-09-13 | Respondent's factum, Completed on: 2005-09-13 | Her Majesty the Queen |
| 2005-09-12 | Appeal perfected for hearing | |
| 2005-08-22 | Notice of appearance, Josée Ferrari will be present at the hearing. | Yvon Rodrigue |
| 2005-08-15 | Notice of hearing sent to parties | |
| 2005-08-12 |
Appeal hearing scheduled, 2005-11-17 Judgment rendered |
|
| 2005-07-18 | Appellant's record, Vol. I & II, Completed on: 2005-07-18 | Yvon Rodrigue |
| 2005-07-18 | Appellant's book of authorities, Completed on: 2005-07-18 | Yvon Rodrigue |
| 2005-07-18 | Appellant's factum, CD rec'd July 18/05, Completed on: 2005-07-18 | Yvon Rodrigue |
| 2005-05-18 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2005-04-29 | Correspondence received from, Richard Gaudreau dated Apr. 26/05 re: Bergeron Gaudreau Laporte will act as agent for the Appellant. | Yvon Rodrigue |
| 2005-04-25 | Notice of appeal, Form 25B and reasons included (2 copies), Completed on: 2005-04-25 | Yvon Rodrigue |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Rodrigue, Yvon | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Rodrigue, Yvon
Counsel
1085, rue Amherst
Montréal, Quebec
H2L 3K6
Telephone: (514) 840-8777
FAX: (514) 840-7070
Email: jferrari@total.net
Agent
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com
Party: Her Majesty the Queen
Counsel
Henri-Pierre LaBrie
375, rue King Ouest
Sherbrooke, Quebec
J1H 6B9
Telephone: (819) 822-6920
FAX: (819) 820-3972
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The Appellant owns several famous registered trade-marks for BARBIE and BARBIE’S, used in relation to dolls and various other wares, The Respondent was seeking to register a trade-mark for BARBIE’S & design used in relation to restaurants and catering services. The Appellant opposed the registration.
The Trade-marks Opposition Board and the lower courts found that the Appellant had not proven a likelihood of confusion between their famous trade-marks and the trade-mark the Respondent was applying to register, in part because the marks were for very different wares and services. In so finding, they relied, in part, upon the actual use of the marks. They also found that a survey submitted in evidence by the Appellant was seriously flawed. The Trade-Marks Opposition Board dismissed the opposition, and the Federal Court, Trial Division and the Federal Court of Appeal dismissed the Appellant’s subsequent appeals.
Lower court rulings
Court of Appeal of Quebec (Montréal)
500-10-002470-027
Appel rejeté
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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