Case information
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37424
Constellation Brands Inc., et al. v. Pinnacle Estates Inc.
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2017-12-13 | Close file on Leave | |
| 2017-12-13 | Certificate of taxation issued to, Robert Brouillette. | |
| 2017-12-13 | Decision on the bill of costs, in the amount of $1,407.32, Reg | |
| 2017-12-13 | Submission of the bill of costs, Reg | |
| 2017-09-26 | Bill of costs, (Letter Form), Completed on: 2017-09-26 | Pinnacle Estates Inc. |
| 2017-04-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-04-28 | Judgment on leave sent to the parties | |
| 2017-04-27 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve the reply is granted. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-449-15, 2016 FCA 302, dated November 28, 2016, is dismissed with costs. Dismissed, with costs |
|
| 2017-04-27 |
Decision on motion to extend time, See judgment on application for leave to appeal. Granted |
|
| 2017-03-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-03-27 | Submission of motion to extend time, for consideration by the Court | |
| 2017-03-10 | Motion to extend time, (Letter Form), to serve to reply, Completed on: 2017-03-10, (Electronic version filed on 2017-03-10) | Constellation Brands Inc. |
| 2017-03-09 | Applicant's reply to respondent's argument, (Book Form), Served late (motion for extension of time received on 2017-03-10)., Completed on: 2017-03-10 | Constellation Brands Inc. |
| 2017-02-28 | Notice of name, (Letter Form), (Electronic version filed on 2017-02-28) | Pinnacle Estates Inc. |
| 2017-02-28 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2017-02-28) | Pinnacle Estates Inc. |
| 2017-02-28 | Respondent's response on the application for leave to appeal, (Book Form), Proof of service missing (received 2017-03-08), Completed on: 2017-03-08, (Electronic version filed on 2017-02-28) | Pinnacle Estates Inc. |
| 2017-01-30 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2017-01-30 | |
| 2017-01-27 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2017-01-27) | Constellation Brands Inc. |
| 2017-01-27 | Notice of name, (Letter Form), (Electronic version filed on 2017-01-27) | Constellation Brands Inc. |
| 2017-01-27 | Notice of name, (Letter Form), (Electronic version filed on 2017-01-27) | Constellation Brands Inc. |
| 2017-01-27 | Application for leave to appeal, (Book Form), Completed on: 2017-01-27, (Electronic version filed on 2017-01-27) | Constellation Brands Inc. |
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 |
|---|---|---|
| Constellation Brands Inc. | Applicant | Active |
| Constellation Brands Québec Inc., Constellation Brands Canada Inc., Sumac Ridge Estate Winery Ltd., and Franciscan Vineyards Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Pinnacle Estates Inc. | Respondent | Active |
Counsel
Party: Constellation Brands Inc.
Counsel
Yann Canneva
Clara Chow
Mortimer Freiheit
445 Viger West, Suite 200
Montréal, Quebec
H2Z 2B8
Telephone: (514) 868-8900
FAX: (514) 221-4446
Email: bbarrette@barrettelegal.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Constellation Brands Québec Inc., Constellation Brands Canada Inc., Sumac Ridge Estate Winery Ltd., and Franciscan Vineyards Inc.
Counsel
Yann Canneva
Clara Chow
Mortimer Freiheit
445 Viger West, Suite 200
Montréal, Quebec
H2Z 2B8
Telephone: (514) 868-8900
FAX: (514) 221-4446
Email: bbarrette@barrettelegal.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Pinnacle Estates Inc.
Counsel
Magali Fournier
1050, Côte du Beaver Hall, Suite 1500
Montréal, Quebec
H2Z 0A5
Telephone: (514) 798-0869
FAX: (514) 395-8554
Summary
Keywords
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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.
Intellectual property – Trade-marks – Confusion – Whether the Trade-Marks Opposition Board misapplied Masterpiece Inc. v. Alavida Lifestyles Inc., 2011 SCC 27, [2011] 2 S.C.R. 387 – Whether the Trade-Marks Opposition Board’s decision was unreasonable – Whether standard of review applicable in trade-mark law should be aligned with standard applicable in copyright law.
The respondent, Domaines Pinnacle Inc. (“Pinnacle”), produces apple-based alcoholic and non-alcoholic beverages and foods. In 2004, it applied to register a word and design mark in relation to the sale of its products. The applicants (“Constellation”) are producers and distributors of wine, and they opposed Pinnacle’s application on the basis that its applied-for mark was confusing with their word mark “Pinnacles” which was registered in relation to the sale of grape wine. The Trade-Marks Opposition Board (“Board”) rejected Constellation’s statement of opposition. The Federal Court allowed Constellation’s appeal on the basis that the Board erred in its determination of the degree of resemblance between the marks. In particular, it found that the Board should have considered all the potential uses of Constellation’s mark, not just its actual use. The Federal Court of Appeal allowed Pinnacle’s appeal. In its view, while the Federal Court correctly stated that the applicable standard of review was reasonableness, it effectively applied the correctness standard. Applying the reasonableness standard, the Federal Court of Appeal concluded that the Board’s decision was reasonable.
Lower court rulings
Federal Court
T-1971-13, 2015 FC 1083
Appeal allowed; Board’s decision set aside; matter remitted to Board for reconsideration
Federal Court of Appeal
A-449-15, 2016 FCA 302
Appeal allowed
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.
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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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