Advance Magazine Publishers, Inc. v. Banff Lake Louise Tourism Bureau, 2018 FC 108
Justice Pentney - 2018-01-31
Read full decision. Automatically generated summary:
The Banff Lake Louise Tourism Bureau (“Banff”) wanted to promote tourism during the “shoulder season”, the period after the end of the summer and before the launch of the ski season. It decided to advertise a ten-day event in November during which restaurants in the area would serve a series of special fixed-price meals, all under the name “Bon Appétit Banff”. It signed up local restaurants, set up a website, printed a number of advertisements, and required the participating restaurants to print menus and other material under the banner “Bon Appétit Banff”. It also applied for trademark protection for this name, and that application gave rise to this proceeding. ... The question in this appeal is whether an ordinary casual consumer, somewhat in a hurry, would look at a menu, notice or website advertising “Bon Appétit Banff” and likely be confused into thinking that the source of the services associated with the “Bon Appétit Banff” trademark was one and the same as the source of the goods or services associated with Advance’s BON APPÉTIT trademarks. If yes, Advance’s opposition to the registration of the Respondent’s trademark should be granted, and the TMOB decision should be overturned. For the reasons that follow I am granting this appeal.
Decision relates to:
- T-1168-15 - ADVANCE MAGAZINE PUBLISHERS, INC. v. BANFF LAKE LOUISE TOURISM BUREAU