Decision

7531877 Canada ltée (Buckingham Chrysler, Jeep, Dodge) c. 9531025 Canada inc. (Buckingham Chevrolet Buick GMC), 2018 QCCS 2123

2018-05-17

Read full decision. Summary prepared by Alan Macek:

The plaintiff has been operating a car dealership in Gatineau since March 2012 under the trade name "BUCKINGHAM CHRYSLER JEEP DODGE" or "BUCKINGHAM CHRYSLER". The plaintiff seeks an injunction essentially directed to order the defendant to cease using the name BUCKINGHAM CHEVROLET, BUICK, GMC as a trade name, trade-mark or for any other purpose. The defendant denies that her business name is likely to create confusion with the one used by the plaintiff or with one or more trademarks that the plaintiff employs. It also contends that the plaintiff can not appropriate the exclusive use of the word "Buckingham", which is the geographical area where the businesses operate, in association with vehicle marks. The Court held, after an analysis of the circumstances, that an ordinary consumer in a hurry who sees the name "BUCKINGHAM CHEVROLET BUICK GMC" with a vague memory of the name. and the brand "BUCKINGHAM CHRYSLER JEEP DODGE" will not think that the two companies sell the same products, are operated by the same person and/or that the vehicles sold by the two concessions are sold by the same entity.

 

Canadian Intellectual Property