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masterpeice resume SUPREME COURT OF CANADA. Citation: Masterpiece Inc. Of The Worn Miller's Salesman"? v. Alavida Lifestyles Inc., 2011 SCC 27 , [2011] 2 S.C.R. 387. Alavida Lifestyles Inc. International Trademark Association.

Coram: McLachlin C.J. and Binnie, LeBel, Fish, Charron, Rothstein and anne poems, Cromwell JJ. Reasons for Judgment: Rothstein J. (McLachlin C.J. and Binnie, LeBel, Fish, Charron and Cromwell JJ. concurring) Masterpiece Inc. v. Alavida Lifestyles Inc. , 2011 SCC 27, [2011] 2 S.C.R. Essay? 387. Masterpiece Inc. Appellant. Alavida Lifestyles Inc.

Respondent. International Trademark Association Intervener. Indexed as: Masterpiece Inc. In Economics? v. Alavida Lifestyles Inc. 2010: December 8; 2011: May 26. Present: McLachlin C.J. and Binnie, LeBel, Fish, Charron, Rothstein and Cromwell JJ. on appeal from the federal court of appeal. Intellectual property Trade?marks Confusion Alberta company using unregistered trade?marks prior to Ontario companys registration of similar trade?mark Alberta company applying to of the Worn Out Arthur of A Essay expunge Ontario companys trade?mark registration from register of trade?marks Whether location where mark used is relevant to confusion analysis What considerations are applicable in tool 46 and 2 lyrics assessment of resemblance between proposed use trade?mark and The Struggles of the Worn Out Arthur Miller's "Death of A Salesman", existing unregistered trade?mark How nature and cost of anne bradstreet poems, wares or services affects confusion analysis Use of expert evidence in confusion analysis Trade?marks Act, R.S.C. 1985, c. T?13, ss. 6 , 16(3) , 17 , 19 , 20 , 21 , 30 , 35 , 40(2) , 57(1) . Masterpiece Inc. and Alavida Lifestyles Inc. (Alavida) are both involved in the retirement residence industry. Since 2001, Masterpiece Inc., operating in of the Worn "Death of A Salesman" Essay Alberta, has used several unregistered trade?marks, including Masterpiece the Art of Living. Alavida, operating in Ontario, entered the market in 2005 and applied to register the trade?mark Masterpiece Living on anne bradstreet poems December 1, 2005 on the basis of a proposed use.

Alavida began using this trade?mark in January 2006. Shortly after Alavidas application, Masterpiece Inc. also began using Masterpiece Living and applied to register it and the word Masterpiece as its trade?marks in 2006. Because of Alavidas prior application, which was eventually granted, Masterpiece Inc.s applications were denied. The Struggles Worn Miller's "Death Of A Essay? Masterpiece Inc.s subsequent application to expunge Alavidas registration was dismissed by anne, the trial judge who concluded that there was no likelihood of confusion between Alavidas and Masterpiece Inc.s marks. That decision was upheld on appeal. Held : The appeal should be allowed and Alavidas registration should be expunged. This case concerns the basic approach and criteria applicable to the confusion analysis and in particular, whether there was a likelihood of confusion between Alavidas trade?mark and Masterpiece Inc.s trade?name and trade?marks pursuant to of the Worn Out Arthur "Death of A Essay s. Bradstreet Poems? 6 of the Trade?marks Act . The test is whether, as a matter of first impression, the casual consumer somewhat in a hurry who encounters the Miller's Salesman", Alavida trade?mark, with no more than an imperfect recollection of robert desert places, any one of the Masterpiece Inc. trade?marks or trade?name, would be likely to think that Alavida was the same source of retirement residence services as Masterpiece Inc. The Struggles Of The Worn Out Arthur Of A Salesman"? Section 6(5) sets out the required approach to a confusion analysis. All surrounding circumstances must be considered, including: (a) the inherent distinctiveness of the anne poems, trade?marks or trade?names and extent to which they have become known; (b) the Worn "Death Salesman" Essay, length of time the trade?marks or trade?names have been in use; (c) the nature of the robert desert, wares, services or business; (d) the of the Out Arthur Miller's, nature of the trade; and (e) the degree of resemblance between the perfect, trade?marks or trade?names in appearance or sound or in the ideas suggested by them.

The first issue to be determined is whether the location where a mark is used is relevant when considering the likelihood of confusion between a registered trade?mark and a prior unregistered one. Generally, pursuant to s. 19 , the owner of a registered trade?mark is The Struggles of the Out Arthur Miller's Salesman" Essay entitled to the exclusive use of that mark throughout Canada. The test for confusion is based upon the hypothetical assumption that the morning plath, trade?names and trade?marks are used in the of the Miller's of A, same area, irrespective of whether this is actually the case. Anne Poems? In order for the owner of a registered trade?mark to have exclusive use of the trade?mark throughout Canada, there cannot be a likelihood of confusion with another trade?mark anywhere in the country. The Struggles Out Arthur "Death Essay? For this reason, the location where the marks were actually used is not relevant.

The second question involves the considerations applicable in the assessment of the resemblance between a proposed use trade?mark and opera can be defined as, an existing unregistered trade?mark. The Struggles Of The Essay? It is the use of perfect in economics, a trade?mark and Out Arthur Miller's of A Salesman", not registration itself that confers priority of morning, title and of the, the exclusive right to the trade?mark. Rights are granted to the first user of a trade?mark in two ways under the Act. First, under s. 16, a party normally gains a priority right to register a trade?mark when it first uses that trade?mark. Second, a user is also able to oppose applications, or apply to expunge registrations based on its earlier use of on The Roman, a confusing trade?mark. Section 16(3) of the Act recognizes the right of The Struggles of the Worn Out Arthur of A Salesman", a prior user against any application for registration based upon subsequent use.

Masterpiece Inc. could apply to tool 46 and 2 lyrics expunge Alavidas trade?mark pursuant to s. 16(3) of the Act on the grounds of likelihood of confusion between Alavidas trade?mark and any of its trade?marks that had been in use before December 1, 2005. Further, Masterpiece Inc. was entitled to have each of its marks separately compared to Alavidas Masterpiece Living. The trial judge erred in The Struggles of the Worn Out Arthur "Death Essay undertaking a single composite analysis, considering resemblance between Masterpiece Living and all of Masterpiece Inc.s trade?marks and trade?name generally. Most confusion analyses should commence with an assessment of the resemblance between the marks in issue. The trial judge erred in considering Alavidas actual use of its mark rather than addressing the entire scope of exclusive rights and potential uses that were granted to morning song Alavida under its registration. His approach did not recognize that Alavida was entitled to use the protected words in The Struggles of the Worn Out Arthur Miller's "Death Essay any form including a format that closely resembled Masterpiece Inc.s marks. Here, because Alavidas proposed trade?mark is only the words Masterpiece Living, the difference or similarity with each of Masterpience Inc.s trade?marks and trade?name must be assessed on the basis of these words alone. Opera Can Be Defined? The striking or unique aspect of each trade?mark is the word Masterpiece. The idea evoked by each is also the same: high quality retirement lifestyle. Clearly, there is a strong resemblance between Masterpiece the Art of Living and Masterpiece Living. A third issue is what effect the nature of the business and cost of the wares or services has in the confusion analysis.

Here, the trial judge erred in considering that consumers of expensive goods and Worn Out Arthur "Death of A Salesman", services would generally take considerable time to perfect inform themselves about the source of those goods and services to suggest a reduced likelihood of confusion. Confusion must instead be assessed from the perspective of the first impression of the consumer approaching a costly purchase when he or she encounters the trade?mark. The possibility that careful research could later remedy confusion does not mean that no confusion ever existed or that it would not continue to of the Worn Out Arthur "Death of A exist in the minds of consumers who did not carry out that research. The trial judges consideration should have been limited to how a consumer, upon encountering the Alavida mark in the marketplace, with an imperfect recollection of the Masterpiece Inc. marks, would have reacted. In circumstances where a strong resemblance suggests a likelihood of confusion, and the other s. 6(5) factors do not point strongly against a likelihood of on, confusion, cost is unlikely to of the Worn "Death of A Salesman" Essay lead to a different conclusion.

A final issue is the role of expert evidence in anne poems the trade?mark confusion analysis. Generally, an expert should only be permitted to testify if the testimony is likely to be outside the experience and knowledge of the judge. Where the casual consumer is not particularly knowledgeable and Worn Out Arthur Miller's "Death Salesman", there is a resemblance between the marks, expert evidence that simply assesses that resemblance will not usually be necessary. Judges should consider the marks at issue, each as a whole, but having regard to the dominant or most striking or unique feature of the trade?mark, using their own common sense, to Essay determine whether the casual consumer would be likely to be confused when first encountering the trade?mark. In this case, Alavidas expert engaged in a discussion of morphology and of the Miller's Salesman" Essay, semantics instead of considering the marks as a whole. He also based his analysis on Alavidas actual post?registration use, rather than the full scope of rights granted to Alavida under its registration. Masterpiece Inc.s survey was similarly unhelpful because it attempted to simulate consumers with an imperfect recollection when none was available. For this reason, the survey was not a valid assessment of the relevant question. Opera Can Be Defined? Judges should be careful to question the necessity and relevance of The Struggles of the Worn Miller's "Death Salesman", such evidence, perhaps as part of a case management process, particularly in light of the substantial cost of evidence that may be of little utility.

Considering all the circumstances of the case, and particularly the strong similarity between Alavidas Masterpiece Living and Masterpiece Inc.s Masterpiece the Art of Colosseum, Living, Masterpiece Inc. has proven that the use of Alavidas trade?mark in the same area as those of Masterpiece Inc.s would be likely to lead to the inference that the services associated with Masterpiece Inc.s trade?marks were being performed by Alavida. Of The Worn Salesman" Essay? Because Masterpiece Inc.s use preceded Alavidas proposed use, Alavida was not entitled under s. 16(3) to perfect competition registration of its trade?mark and The Struggles of the Worn Out Arthur Miller's "Death of A Salesman", it should be expunged from the register. Applied: Mattel, Inc. v. 3894207 Canada Inc. , 2006 SCC 22, [2006] 1 S.C.R. Song Plath? 772; Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltee , 2006 SCC 23, [2006] 1 S.C.R. The Struggles Worn Of A Salesman"? 824; Housen v. Opera Defined? Nikolaisen , 2002 SCC 33, [2002] 2 S.C.R. 235; Hollis v. Dow Corning Corp. , [1995] 4 S.C.R. 634; considered: R. v. Mohan , [1994] 2 S.C.R.

9; Ultravite Laboratories Ltd. v. Whitehall Laboratories Ltd. , [1965] S.C.R. 734; esure Insurance Ltd. v. Direct Line Insurance plc , 2008 EWCA Civ 842, [2008] R.P.C. 34; General Electric Co. v. The General Electric Co. Ltd. , [1972] All E.R. 507; referred to: Partlo v. Todd (1888), 17 S.C.R.

196; Benson Hedges (Canada) Ltd. v. St. Regis Tobacco Corp. Worn Miller's "Death Salesman"? , [1969] S.C.R. 192; Leaf Confections Ltd. v. Maple Leaf Gardens Ltd . Opera Can Be Defined? (1986), 12 C.P.R. (3d) 511, affd (1988), 19 C.P.R. Of The Out Arthur? (3d) 331; Mr. Submarine Ltd. v. Amandista Investments Ltd. Robert Desert Places? , [1988] 3 F.C. 91; Conde Nast Publications Inc. v. Of The Miller's Salesman"? Union des editions modernes (1979), 46 C.P.R. (2d) 183; General Motors Corp. v. Bellows , [1949] S.C.R. 678. Statutes and perfect in economics, Regulations Cited.

Trade-marks Regulations , SOR/96?195 . Gill, Kelly, and R. Scott Jolliffe. Fox on Canadian Law of Trade?marks and Unfair Competition , 4th ed. Toronto: Carswell, 2002 (loose-leaf updated 2006, release 2). Hughes, Roger T., and Toni Polson Ashton. Hughes on Trade Marks , 2nd ed.

Markham, Ont.: LexisNexis, 2005 (loose?leaf updated 2010, release 22). Shorter Oxford English Dictionary on of the Out Arthur "Death Essay Historical Principles , 5th ed. Tool 46 And 2 Lyrics? Oxford: Oxford University Press, 2002, resemblance. Vaver, David. Intellectual Property Law: Copyright, Patents, Trade?marks , 2nd ed. Toronto, Ont.: Irwin Law, 2011. APPEAL from a judgment of the Federal Court of Appeal ( Sexton, Layden?Stevenson and Trudel, JJ.A.), 2009 FCA 290, [2010] 4 F.C.R.

243, 397 N.R. 180, 78 C.P.R. The Struggles Miller's? (4th) 243, 312 D.L.R. (4th) 532, [2009] F.C.J. No. 1263 (QL), 2009 CarswellNat 3122, affirming a decision of OReilly J., 2008 FC 1412, 338 F.T.R. 168, 72 C.P.R. Can Be As? (4th) 160, [2008] F.C.J. No. Worn Out Arthur Of A? 1826 (QL), 2008 CarswellNat 4970. Appeal allowed. W. Clarke Hunter , Q.C. Plath? , Kelly Gill and Brandon Potter , for the appellant. Scott Miller , Sharon Griffin and Heather Gallant , for the respondent. Daniel R. Bereskin , Q.C. , and The Struggles Miller's Salesman", Mark L. Robbins , for morning song plath the intervener.

The judgment of the Court was delivered by. [1] Trade-marks in Canada are an important tool to assist consumers and businesses. In the marketplace, a business marks its wares or services as an indication of provenance. This allows consumers to know, when they are considering a purchase, who stands behind those goods or services. In this way, trade-marks provide a shortcut to get consumers to The Struggles Miller's Salesman" where they want to go, per Essay on The Roman Colosseum, Binnie J. in Mattel, Inc. v. 3894207 Canada Inc. The Struggles Of A? , 2006 SCC 22, [2006] 1 S.C.R.

772, at para. 21. Where the trade-marks of different businesses are similar, a consumer may be unable to discern which company stands behind the in economics, wares or services. Confusion between trade-marks impairs the objective of providing consumers with a reliable indication of the expected source of wares or services. This case provides this Court with the opportunity of The Struggles of the Worn, reviewing the basic approach and criteria applicable to a confusion analysis between competing trade-marks under the Trade-marks Act , R.S.C. 1985, c. T-13 (Act ). [2] The question in on The Roman this case is whether the trade-mark Masterpiece Living, proposed and subsequently registered by Alavida Lifestyles Inc. (Alavida), a company entering the retirement residence industry in Ontario, was then confusing with the unregistered trade-marks or trade-name previously used by another company, Masterpiece Inc., in the retirement residence industry in Alberta.

[3] Masterpiece Inc. contends that Alavidas trade-mark, on the date its application for registration was filed with the Canadian Intellectual Property Office, December 1, 2005, was confusing with Masterpiece Inc.s trade-name and of the Out Arthur "Death of A Essay, trade-marks. It argues that Alavida was not entitled to apply for perfect competition registration of its mark because of its confusing similarity to Masterpiece Inc.s trade-name and trade-marks, which were used prior to Alavidas application. Thus, it argues, the registration is invalid and should be expunged. [4] Masterpiece Inc. Worn Out Arthur "Death Of A? was unsuccessful in the Federal Court (2008 FC 1412, 72 C.P.R. (4th) 160) and Federal Court of Appeal (2009 FCA 290, [2010] 4 F.C.R. 423) and now appeals to this Court. [5] I am of the respectful opinion that the learned trial judge and the Federal Court of Appeal in can be defined this case did not interpret and apply the criteria for The Struggles of the Out Arthur Salesman" Essay determining confusion correctly. Upon a correct interpretation and application, I conclude that Alavidas proposed trade-mark Masterpiece Living was confusing with at least one of Masterpiece Inc.s trade-marks when the registration application was filed on opera can be defined as December 1, 2005. Therefore, Alavida was not entitled to registration of its proposed mark. Because I have found confusion between one of Masterpiece Inc.s trade-marks and Alavidas mark, it is not necessary to The Struggles of the Out Arthur Miller's Essay perform a confusion analysis between the other of Masterpiece Inc.s trade-marks and its trade-name with Alavidas mark.

I would allow the appeal and order the Registrar of Trade-marks to expunge Alavidas registration from the anne bradstreet poems, register of trade-marks. [6] I should make clear that this decision deals only Out Arthur "Death Salesman" Essay, with the question of expungement of robert, Alavidas trade-mark registration for Masterpiece Living. Whether Masterpiece Inc. may register a trade-mark that comprises or includes the The Struggles Worn Out Arthur, word Masterpiece will now be a matter for Masterpiece Inc. and opera can be defined as, the Registrar. [7] Both Masterpiece Inc. and Alavida operate in the retirement residence industry. Of The Out Arthur Miller's "Death Salesman" Essay? Prior to December 2005, Masterpiece Inc. used several trade-marks which included the word Masterpiece, as well as its trade-name Masterpiece Inc..

Alavida entered the market near the end of 2005 and applied to register the trade-mark Masterpiece Living to market its services. [8] Masterpiece Inc. was incorporated in 2001. In the years between 2001 and 2005, it undertook two retirement residence construction and operation projects in tool 46 and 2 lyrics Alberta and began a third. During this time, it used its corporate name, Masterpiece Inc., as a trade-name on materials including prospectuses, contracts and The Struggles of the Miller's "Death of A Salesman", advertisements. [9] Concurrently, Masterpiece Inc. used several unregistered trade-marks which involved the word Masterpiece including Masterpiece the Art of Living, Masterpiece the Art of Retirement Living, and a stylized word Masterpiece alongside a butterfly logo. It also used other marks, including the trade-mark Club Sierra, in its advertisements. [10] Alavida, a subsidiary of Ashcroft Homes Inc., was incorporated on August 4, 2005. It applied to register the trade-mark Masterpiece Living on December 1, 2005, on the basis of a proposed use. The mark was registered unopposed on March 23, 2007. Since January 2006, Alavida has used Masterpiece Living as its trade-mark.

[11] Shortly after Alavidas application, Masterpiece Inc. changed its branding slightly, and began using the very same trade-mark Masterpiece Living. The result of these almost simultaneous decisions was that, beginning in 2006, there were two Canadian companies, one operating in Alberta, another in Ontario, using the trade-mark Masterpiece Living in the retirement residence industry. [12] In January 2006, Masterpiece Inc. applied to frost places register Masterpiece as a trade-mark, and in June 2006, it applied to register the trade-mark Masterpiece Living. As a result of Alavidas prior application, which was eventually granted, Masterpiece Inc.s applications for both the trade-mark Masterpiece Living and the trade-mark Masterpiece were denied, as the The Struggles Out Arthur Miller's "Death of A Salesman" Essay, Registrar concluded that they were confusing with Alavidas trade-mark Masterpiece Living. [13] On March 16, 2007, Masterpiece Inc. commenced this application to expunge Alavidas registration. It appears that Masterpiece Inc. did not oppose Alavidas application. However, it was not argued that its failure to do so had any impact on the expungement proceedings.

III. Federal Court. [14] OReilly J. dismissed Masterpiece Inc.s application to expunge the Essay on Colosseum, Alavida trade-mark. [15] He found that if Alavidas trade-mark was confusingly similar to any trade-marks or trade-names that had previously been used, Alavida would not be entitled to the registration. He held that when considering whether a confusing mark was used prior to an application, the relevant date is the date of filing of the application (para. 9). [16] The trial judge found that Masterpiece Inc. had shown some use of the trade-name Masterpiece and related marks including the word Masterpiece prior to Alavidas application (at para.

19 (emphasis in original)), although he found the use was rather sporadic. He then considered whether there was a likelihood of The Struggles Out Arthur "Death of A, confusion, under s. 6(5) of the Act , between Alavidas trade-mark and these prior marks on the date of filing of Alavidas application for registration. [17] In conducting the confusion analysis under s. 6(5) of the Act , he found that the word Masterpiece in association with retirement residences or services was somewhat inherently distinctive (para. 41), but that there had been no acquired distinctiveness through use in any of Masterpiece Inc.s marks on the relevant date (para. Anne Poems? 42). On the issue of the resemblance between the marks, the The Struggles Worn "Death, trial judge accepted observations made by one of Alavidas experts that Alavidas post-registration use of its marks differed from Masterpiece Inc.s use of its marks, both in design and in the focus of the advertisements. He found that although there was obviously a degree of resemblance as between the two companies marks, these differences in use served to reduce the likelihood of confusion (para. 46). He also observed that the choice of retirement residence was an important and expensive decision.

As a result, consumers could be expected to research their decisions carefully, which would also reduce the likelihood of confusion. [18] On the basis of these considerations, he concluded that Masterpiece Inc. had not established that there was a likelihood of confusion between its trade-name and trade-marks and Alavidas registered trade-mark. IV. Bradstreet Poems? Federal Court of Worn Out Arthur Miller's "Death Salesman", Appeal. [19] At the Federal Court of Appeal, Sexton and Trudel JJ.A., writing for the court, dismissed Masterpiece Inc.s appeal. [20] The Court of Appeal upheld the findings of the trial judge that the on The Roman Colosseum, relevant date for the confusion analysis was the date of filing of Alavidas trade-mark application, December 1, 2005. Of The Of A? This finding was then applied to reject evidence presented by Masterpiece Inc. that by song, December 1, 2005, it had unexecuted plans to The Struggles of the expand into the central Canadian market. The court found that the possibility of future confusion was not relevant to the assessment of confusion under the Act , and Essay Colosseum, therefore Masterpiece Inc.s intention to expand its operations into The Struggles of the Out Arthur Miller's of A Salesman" Essay new markets was irrelevant. The Roman Colosseum? It stated, at para. 22:

At the date of of the Out Arthur of A, filing of the respondents trade-mark, the appellant did not sell its product in the same market as the respondent. This Court need not consider the appellants plans for expansion after that date. [21] The balance of the Court of Appeal reasons also generally agreed with the trial judges approach to the confusion analysis, and found no palpable and overriding errors in his consideration of the evidence. Thus, it held that Alavidas registration should be maintained and dismissed Masterpiece Inc.s appeal. V. Issues on Appeal. [22] There are four issues for consideration by anne bradstreet, this Court: 1. Is the location where a mark is used relevant when considering the likelihood of confusion between an applied for or registered trade-mark and a prior unregistered trade-mark or trade-name?

2. What considerations are applicable in the assessment of the resemblance between a proposed use trade-mark and an existing unregistered trade-mark? 3. When considering the nature of the trade under s. The Struggles Worn Out Arthur Miller's Of A Essay? 6(5) of the Act , what effect does the nature and cost of the perfect competition, wares or services have on The Struggles of the Out Arthur "Death Salesman" Essay the confusion analysis? 4. When should courts take into account expert evidence in trade-mark or trade-name confusion cases? [23] Sections of the Act relevant to this appeal are reproduced in the Appendix at the conclusion of these reasons. A. In Economics? Is the The Struggles of the Miller's "Death, Location Where a Mark Is Used Relevant When Considering the Likelihood of Confusion Between an Applied for or Registered Trade-Mark and a Prior Unregistered Trade-Mark or Trade-Name? [24] In the Federal Court of Appeal, a major focus in the reasons was whether Masterpiece Inc.s plan to expand into eastern Canada, which could lead it into direct competition with Alavida, was relevant to the determination of confusion. Robert Frost Places? While those plans have now been executed, and Masterpiece Inc. is operating in the retirement residence industry in Quebec, on Worn December 1, 2005, they were merely plans. [25] The Federal Court of Appeal concluded that these plans were not relevant.

However, in doing so, it distinguished several authorities which Masterpiece Inc. submitted to support the relevance of its plans. Essay The Roman Colosseum? Some of these authorities suggested that the geographical location where two trade-marks are used or proposed to be used does not affect the likelihood of confusion. [26] Distinguishing these authorities could be seen as an acceptance that the geographical locale in which marks are used or proposed to be used is relevant for determining whether there is a likelihood of Out Arthur "Death of A Essay, confusion. Indeed, in this Court, there was an intervention by the International Trademark Association which sought to address only this point. If it were true that geography was relevant, then Alavida could claim that there was no confusion between its marks and Masterpiece Inc.s marks because on morning song plath December 1, 2005, Masterpiece Inc. Out Arthur Salesman" Essay? was only operating in Alberta, while it was operating in Ontario. [27] While it is not entirely clear that the Federal Court of Appeals reasons should be read as suggesting that geography is relevant, I would take this opportunity to dispel any doubt on robert desert this point. [28] The Canadian trade-marks regime is national in scope. The owner of a registered trade-mark, subject to a finding of invalidity, is entitled to the exclusive use of that mark in association with the wares or services to which it is connected throughout Canada. Section 19 of the Trade-marks Act provides: 19.

Subject to sections 21 , 32 and 67 , the registration of a trade-mark in respect of any wares or services, unless shown to be invalid, gives to the owner of the trade-mark the exclusive right to the use throughout Canada of the of the Out Arthur Miller's, trade-mark in respect of those wares or services. [29] With respect to confusion, ss. Morning Song? 6(1) and (2) of the Trade-marks Act provide: 6. (1) For the purposes of this Act , a trade-mark or trade-name is confusing with another trade-mark or trade-name if the use of the first mentioned trade-mark or trade-name would cause confusion with the last mentioned trade-mark or trade-name in the manner and circumstances described in this section. (2) The use of a trade-mark causes confusion with another trade-mark if the use of both trade-marks in the same area would be likely to lead to the inference that the wares or services associated with those trade-marks are manufactured, sold, leased, hired or performed by the same person, whether or not the wares or services are of the same general class. Section 6(3) deals with trade-mark confusion with a trade-name and 6(4) with trade-name confusion with a trade-mark. In subsections (2), (3) and (4), the same formula is used if the use of both . . Of The Out Arthur "Death Of A? . in the same area would be likely to lead to the inference. [30] It is immediately apparent from these words, if the use of both . . In Economics? . in The Struggles of the Miller's "Death of A the same area, that the test for confusion is based upon the hypothetical assumption that both trade-names and trade-marks are used in the same area, irrespective of whether this is actually the case.

As a result, geographical separation in the use of otherwise confusingly similar trade-names and trade-marks does not play a role in this hypothetical test. This must be the case, because, pursuant to s. 19 , subject to exceptions not relevant here, registration gives the owner the exclusive right to the use of the trade-mark throughout Canada. [31] In order for the owner of a registered trade-mark to have exclusive use of the trade-mark throughout Canada, there cannot be a likelihood of Essay The Roman Colosseum, confusion with another trade-mark anywhere in the country. [32] Section 16(3) confirms this conclusion, stating that an applicant for a proposed mark will be entitled to registration unless at the date of of the of A Salesman", filing the trade-mark it is confusing with a trade-mark or trade-name that had been previously used in Canada. Section 16(3) provides: (3) Any applicant who has filed an application in robert frost places accordance with section 30 for registration of a proposed trade-mark that is of the Worn "Death of A Salesman" registrable is entitled , subject to anne sections 38 and 40 , to The Struggles of the Worn Miller's "Death secure its registration in respect of the wares or services specified in the application, unless at the date of anne bradstreet, filing of the application it was confusing with.

( a ) a trade-mark that had been previously used in Canada or made known in Canada by any other person; ( b ) a trade-mark in respect of which an application for registration had been previously filed in Canada by any other person; or. ( c ) a trade-name that had been previously used in Canada by any other person. [33] Whether in of the Worn Miller's Salesman" assessing trade-mark infringement under s. 19 or entitlement under s. Essay On Colosseum? 16, the test for likelihood of confusion is the same. The application of the hypothetical test reflects the legislative intent to Worn Out Arthur Miller's Essay provide a national scope of protection for registered trade-marks in Canada (see D. Vaver, Intellectual Property Law: Copyright, Patents, Trade-marks (2nd ed. 2011), at p. 536). B. What Considerations Are Applicable in the Assessment of the Resemblance Between a Proposed Use Trade-Mark and an Existing Unregistered Trade-Mark? [34] To clarify the anne poems, proper approach to assessing the The Struggles of the Worn Out Arthur "Death of A, resemblance between a proposed use trade-mark and existing unregistered marks, it will be useful to address a number of issues: (1) the relationship between use and registration; (2) the test for as confusion; (3) the necessity to consider each mark separately; (4) the approach to The Struggles Worn "Death testing for resemblance; (5) the necessity to consider the proposed use trade-mark according to its terms, rather than by its actual use; (6) the requirement to assess the unregistered marks according to their actual use; and. (7) the opera as, resemblance between the trade-marks in issue. While these issues are relevant in this case, they are not intended to The Struggles Worn Miller's "Death Salesman" Essay be an exhaustive list of competition, all considerations that are relevant in assessing resemblance. (1) The Relationship Between Use and Registration.

[35] At the outset, it is important to recall the relationship between use and registration of a trade-mark. Registration itself does not confer priority of title to a trade-mark. At common law, it was use of a trade-mark that conferred the exclusive right to the trade-mark. While the Trade-marks Act provides additional rights to a registered trade-mark holder than were available at common law, registration is only available once the right to Out Arthur "Death the trade-mark has been established by use. As explained by can be, Ritchie C.J. in Partlo v. Todd (1888), 17 S.C.R. 196, at p. 200:

It is not the of the Worn Salesman" Essay, registration that makes the morning song, party proprietor of a trade-mark; he must be proprietor before he can register . . . . [36] That principle established under Canadas early trade-mark legislation continues under the of the of A Salesman" Essay, present Act . Rights arising from tool 46 and 2 lyrics, use have been incorporated into the Act by granting rights to the first user of a trade-mark in two ways. First, under s. 16 , a party normally gains a priority right to register a trade-mark when it first uses that trade-mark. Second, a user is also able to oppose applications or apply to expunge registrations based on its earlier use of a confusing trade-mark. This explains why an Worn Out Arthur "Death of A Salesman" Essay, unregistered trade-mark of Masterpiece Inc. can be the basis of morning, a challenge to The Struggles Miller's of A Essay Alavidas subsequent registration application. Section 16(3) of the Act recognizes the right of a prior user against any application for competition in economics registration based upon The Struggles Worn Out Arthur Miller's of A Salesman" subsequent use. Section 17(1) preserves that right, subject to certain limitations that are of no relevance here, where the trade-mark has been registered. [37] It should also be explained why Alavidas application for a proposed trade-mark on December 1, 2005, would preclude Masterpiece Inc.s subsequent trade-mark applications based on actual use. Can Be? As noted above, at common law, trade-mark protection only arose from actual use. The Struggles Of The Miller's "Death? However, under the current Trade-marks Act , the opportunity was created for an applicant to claim priority as of the date the applicant files for a proposed but yet unused trade-mark.

Registration will, however, not occur unless the applicant subsequently provides a declaration demonstrating that the proposed trade-mark was actually used within the time specified in s. 40(2) of the Act . [38] In this case, Alavida did provide such a declaration, with the result that its priority claim as of December 1, 2005, the date it filed its registration application, precluded Masterpiece Inc. from obtaining registration of Masterpiece Living, the exact same trade-mark as Alavida, by a subsequent application based on use after December 1, 2005. Instead, it would have had to oppose Alavidas application or would have to apply to expunge Alavidas trade-mark registration on the grounds of likelihood of confusion between Alavidas trade-mark and its trade-marks or trade-name that had been in use before December 1, 2005. Because Masterpiece Inc. did not oppose Alavidas application, which was granted, the only remedy open to Masterpiece Inc. was to tool 46 and apply to have Alavidas mark expunged. If successful, this remedy would allow Masterpiece Inc.s application for The Struggles of the Worn Out Arthur "Death registration of its own trade-marks to be considered on its merits by the Registrar of Trade-marks. (2) The Test for morning song Confusion. [39] The question at the centre of this case is whether there was confusion between Alavidas and Masterpiece Inc.s trade-marks or trade-name in terms of The Struggles Worn Out Arthur "Death Salesman", s. 6 of the Act . In my respectful opinion, the learned trial judge erred in law when conducting the confusion analysis, and poems, thereby erred in his conclusion that Masterpiece Inc. had not established confusion between its trade-name and trade-marks and Alavidas now registered trade-mark. [40] At the Worn Out Arthur "Death of A, outset of this confusion analysis, it is useful to bear in mind the test for anne bradstreet poems confusion under the Trade-marks Act . In Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltee , 2006 SCC 23, [2006] 1 S.C.R. 824, Binnie J. restated the traditional approach, at para. Worn "Death Essay? 20, in the following words:

The test to be applied is a matter of first impression in the mind of a casual consumer somewhat in a hurry who sees the [mark], at a time when he or she has no more than an plath, imperfect recollection of the [prior] trade-marks, and does not pause to give the matter any detailed consideration or scrutiny, nor to examine closely the Out Arthur "Death of A Salesman" Essay, similarities and differences between the marks. Binnie J. referred with approval to the words of Pigeon J. in robert Benson Hedges (Canada) Ltd. v. St. The Struggles Worn Out Arthur "Death Essay? Regis Tobacco Corp. , [1969] S.C.R. 192, at p. 202, to contrast with what is not to be done a careful examination of competing marks or a side by side comparison. [41] In this case, the question is whether, as a matter of morning plath, first impression, the casual consumer somewhat in a hurry who sees the Alavida trade-mark, when that consumer has no more than an imperfect recollection of of the Out Arthur of A, any one of the Masterpiece Inc. trade-marks or trade-name, would be likely to be confused; that is, that this consumer would be likely to bradstreet think that Alavida was the same source of retirement residence services as Masterpiece Inc. (3) The Necessity to Consider Each Mark Separately. [42] As noted above, the basis for Masterpiece Inc.s claim under s. 16(3) of the Act is that the trade-mark for which Alavida applied was confusing with any trade-mark or the trade-name it had used prior to December 1, 2005.

[43] Under s. 16(3), even one confusingly similar trade-mark or trade-name will invalidate Alavidas registration. In pleading several potentially confusingly similar trade-marks and trade-names, Masterpiece Inc. presented several distinct bases for an invalidation of Alavidas registration. [44] Section 6(5) of the Act sets out the required approach to a confusion analysis. All surrounding circumstances must be considered including: ( a ) the inherent distinctiveness of the trade-marks or trade-names and the extent to which they have become known; ( b ) the length of time the trade-marks or trade-names have been in Out Arthur Miller's Salesman" Essay use; ( c ) the nature of the song, wares, services or business; ( d ) the nature of the Worn Miller's "Death of A, trade; and. ( e ) the degree of resemblance between the trade-marks or trade-names in appearance or sound or in the ideas suggested by them. [45] Some of the s. 6(5) factors that guide the confusion analysis will be the same for each of the trade-marks and trade-name in this case. For example, all of the evidence suggests that Masterpiece Inc. only song plath, engaged in the retirement residence industry and used all of its marks in relation to that industry.

In others, each mark will have to be considered separately. For example, because the Masterpiece Inc. trade-marks are different in content from one another, and are different from the trade-name, it will be necessary to consider the similarity of Alavidas proposed trade-mark, Masterpiece Living, to each of the trade-marks and trade-name for which Masterpiece Inc. has established use. [46] The trial judge found that Masterpiece Inc. The Struggles Of The Of A Salesman"? demonstrated that it had used the trade-name Masterpiece and the trade-marks Masterpiece the Art of Retirement Living and Masterpiece the Art of Living. Alavidas application for song registration was for the trade-mark Masterpiece Living. It was therefore necessary to compare Alavidas Masterpiece Living with each of Masterpiece Inc.s trade-marks and trade-name separately. [47] However, instead of undertaking a separate resemblance analysis comparing each of Masterpiece Inc.s marks and trade-name with Alavidas mark, the trial judge undertook a single composite analysis. He only considered the issue of resemblance between Masterpiece Living and all of Masterpiece Inc.s trade-marks and trade-name generally. Out Arthur Miller's "Death Of A? At para. 46, he stated: There is obviously a degree of resemblance as between Masterpiece Inc.s trade-name and marks and Alavidas registered mark for Masterpiece Living. However, as part of the overall circumstances, I note that Alavidas use of Masterpiece Living has been in the nature of anne bradstreet, a slogan accompanying its corporate identity.

By contrast, Masterpiece Inc. uses Masterpiece to The Struggles Worn Essay identify the company itself, along with various other words and phrases of far lesser prominence, alongside a distinctive butterfly logo. These differences help reduce the likelihood of confusion. [Emphasis added.] [48] However, under ss. 16(3) ( a ) and ( c ) of the Act , Masterpiece Inc. Opera Defined As? was entitled to assert, and of the Worn Miller's "Death Essay, have considered, any of the marks or trade-name that it had used prior to December 1, 2005, as a basis to challenge Alavidas application for Essay on registration. Of The Worn Miller's "Death Of A Essay? In my opinion, the trial judge erred in morning not conducting the separate analysis required by the Act . Some of the expert evidence which treated Masterpiece Inc.s trade-marks and trade-name as a whole instead of of the of A, one by one (see, e.g., paras. 21-23 and 36), may have contributed to in economics this error. (4) The Approach to Testing for Resemblance. [49] In applying the s. 6(5) factors to the question of confusion, the trial judge conducted his analysis in the order of the criteria set forth in s. 6(5) , concluding with a consideration of the resemblance between the marks. While it is no error of Worn of A Essay, law to perfect in economics do so, the of the Miller's "Death of A Essay, degree of resemblance, although the can be defined, last factor listed in s. Worn Out Arthur Of A Salesman"? 6(5) , is the statutory factor that is perfect competition often likely to have the Out Arthur "Death, greatest effect on the confusion analysis (K. Gill and R. S. Jolliffe, Fox on Canadian Law of Trade-marks and perfect competition, Unfair Competition (4th ed. Out Arthur Miller's Of A Essay? (loose-leaf)), at p. 8-54; R. T. Hughes and T. P. Ashton, Hughes on robert frost desert places Trade Marks (2nd ed. (loose-leaf)), at 74, p. 939). The Struggles Of A? As Professor Vaver points out, if the marks or names do not resemble one another, it is unlikely that even a strong finding on the remaining factors would lead to a likelihood of confusion.

The other factors become significant only once the marks are found to be identical or very similar (Vaver, at p. Can Be? 532). As a result, it has been suggested that a consideration of resemblance is where most confusion analyses should start ( ibid. ). [50] I will therefore first review the trial judges consideration of the degree of resemblance of the marks. (5) The Necessity to Consider the The Struggles of the of A Salesman", Proposed Use Trade-Mark According to Its Terms, Rather Than by Its Actual Use. [51] In his analysis, the morning, trial judge found that there was obviously a degree of resemblance as between Masterpiece Inc.s trade-name and marks and Alavidas registered mark (para. Worn Out Arthur Miller's "Death Essay? 46).

[52] It is clear from the trial judges reasons that he took into account Alavidas actual use of its mark in comparing the Alavida and Masterpiece Inc. marks. Anne Poems? For convenience, I repeat a portion of para. 46 of of the Miller's "Death of A Salesman", his reasons: However, as part of the overall circumstances, I note that Alavidas use of Masterpiece Living has been in robert places the nature of a slogan accompanying its corporate identity. [53] In my opinion, the "Death Essay, trial judges consideration of Alavidas actual use of perfect competition in economics, its mark was problematic. The Struggles Of The Out Arthur Essay? The difficulty is that it takes into account a single form of the trade-mark that Alavida used after the relevant date. This single use did not reflect the competition in economics, entire scope of exclusive rights that were granted to Alavida under its registration. As found by Binnie J. in of A Mattel , at para. 53:

The appellant argued that the courts below erred in looking at the respondents actual operations rather than at the terms set out in its application for the proposed trade-mark. It is quite true that the proper focus is the terms of the application, because what is at can be defined, issue is what the registration would authorize the respondent to do, not what the The Struggles Worn Miller's of A Essay, respondent happens to be doing at the moment. [54] Alavidas registration process began on December 1, 2005, with an application based on proposed use. At s. Morning Plath? 30, the Act sets out what must be included in an application for registration. When submitting the application, an applicant is of the Worn Miller's of A Salesman" Essay required to provide a formulation of its trade-mark in robert frost places addition to of the "Death Salesman" Essay various other pieces of information. Frost Desert Places? The trade-mark on an application may simply be a word mark, or it may be a design, or it may be a word mark and design (for example, see the marks in Leaf Confections Ltd. v. Maple Leaf Gardens Ltd . (1986), 12 C.P.R. (3d) 511 (F.C.T.D.), affd (1988), 19 C.P.R. (3d) 331 (F.C.A.)). Out Arthur Of A Salesman"? The application may identify the mark as being used only perfect competition in economics, with particular colours: Trade-marks Regulations , SOR/96-195. The Struggles Out Arthur? An application may also contain disclaimers, or an applicant may be required by the Registrar to include disclaimers, to limit the scope of trade-mark rights: s. 35 of the Act . [55] In this case, Alavidas registration (TMA 684,557) identifies the morning plath, trade-mark that Alavida applied for and was subsequently registered the words Masterpiece Living.

This trade-mark is identified only in a textual form. It would therefore permit Alavida to use the words Masterpiece Living in The Struggles of the Out Arthur Miller's "Death of A Salesman" Essay any size and with any style of lettering, color or design. As found by the Federal Court of 46 and, Appeal in Mr. Submarine Ltd. Worn Out Arthur Salesman" Essay? v. Amandista Investments Ltd. , [1988] 3 F.C. 91: Nothing restricts the robert desert places, appellant from changing the colour of Out Arthur "Death Salesman" Essay, its signs or the style of lettering of Mr. Submarine or from engaging in anne bradstreet a telephone and delivery system such as that followed by the respondent or any other suitable system for the sale of its sandwiches.

Were it to The Struggles of the Out Arthur Miller's Salesman" Essay make any of these changes its exclusive right to the use of Mr. Submarine would apply just as it applies to its use in the appellants business as presently carried on. Whether the respondents trade marks or trade names are confusing with the appellants registered trade mark must accordingly be considered not only having regard to the appellants present business in the area of the respondents operations but having regard as well to whether confusion would be likely if the appellant were to operate in opera defined as that area in any way open to it using its trade mark in association with the sandwiches or services sold or provided in the operation. [Emphasis added; pp. Miller's Essay? 102-3.] [56] When engaging in a confusion analysis, it is important to keep in mind that the exclusive rights granted by the Act refer to a registered trade-mark (ss. 19 , 20 and 21 ). Where a court is called upon to decide if there is a likelihood of confusion between that registered trade-mark and any registered or previously used unregistered trade-marks, the analysis should address the proposed trade-mark for which the registration was ultimately obtained. [57] If the trial judge had recognized that it was open to Alavida to use its trade-mark in frost desert any way within the scope of its registration, he would have had to conclude that the actual use by Alavida did not limit Alavidas rights. Alavida was entitled to use the of the Out Arthur Miller's of A Essay, words in any form. [58] The problem with an Essay The Roman Colosseum, analysis which takes into account limited use becomes apparent by observing that the bare words Masterpiece Living could be presented in many ways under the registration. Nothing would prevent Alavida from altering its advertising to highlight the word Masterpiece and give the word Living less prominence, just as Masterpiece Inc. had done, or from changing the The Struggles of the Worn Out Arthur Miller's Salesman" Essay, font or style of lettering that it had used. [59] For this reason, it was incorrect in law to limit consideration to Alavidas post-application use of its trade-mark to find a reduced likelihood of confusion.

Actual use is not irrelevant, but it should not be considered to the exclusion of potential uses within the registration. For example, a subsequent use that is within the bradstreet, scope of a registration, and is the same or very similar to an existing mark will show how that registered mark may be used in a way that is confusing with an existing mark. (6) The Requirement to Assess the of the Out Arthur Miller's of A Salesman", Unregistered Marks According to Their Actual Use. [60] As for Masterpiece Inc., because its trade-marks were unregistered on December 1, 2005, it may only rely on those trade-marks that it had actually used and the trade-name under which it had been carrying on business, and which had not been abandoned up to that date (see s. 17(1)). There is desert places no suggestion of abandonment in this case (transcript, at p. The Struggles Of The Of A Salesman" Essay? 17, lines 8-12). (7) The Resemblance Between the Trade-Marks in Issue. [61] In a case such as this, comparison can be approached by considering only robert frost desert, those characteristics that define the relevant trade-marks or trade-name. It is only these elements that will allow consumers to distinguish between the two trade-marks or between the trade-mark and The Struggles Miller's Salesman", the trade-name. Here, because Alavidas proposed trade-mark is only the on, words Masterpiece Living, the difference between or similarity with each of Masterpiece Inc.s trade-marks and The Struggles of the Miller's Essay, trade-name must be assessed only on tool 46 and 2 lyrics the basis of these words alone. In my opinion, Alavidas Masterpiece Living is closest to Masterpiece Inc.s Masterpiece the Worn Miller's "Death Salesman", Art of Living.

I think that comparing this Masterpiece Inc. trade-mark with the Alavida trade-mark is decisive. If Alavidas mark is not likely to cause confusion with this Masterpiece Inc. mark, it is tool 2 lyrics unnecessary to consider the The Struggles Worn Out Arthur "Death Salesman", other Masterpiece Inc. marks and trade-name which are less similar to the Alavida trade-mark. Conversely, if Alavidas trade-mark is found to be likely to cause confusion with this Masterpiece Inc. mark, it is unnecessary to test resemblance of its trade-mark with other Masterpiece Inc. trade-marks or its trade-name, although they may be relevant as part of the surrounding circumstances when likely confusion with the Masterpiece the Art of competition, Living trade-mark is considered. [62] Resemblance is defined as the The Struggles of the Salesman", quality of perfect in economics, being either like or similar; see Shorter Oxford English Dictionary on Historical Principles (5th ed. 2002), at p. 2544, under the The Struggles of the Worn "Death of A Salesman", definition of resemblance. Anne Poems? The term degree of The Struggles Worn Salesman" Essay, resemblance in s. 6(5) ( e ) of the song plath, Act implies that likelihood of confusion does not arise solely from identical trade-marks. [D]egree of resemblance recognizes that marks with some differences may still result in likely confusion. [63] The first word in both Alavidas and Masterpiece Inc.s trade-marks is the identical word Masterpiece. It has been held that for purposes of distinctiveness, the of the Worn Miller's "Death of A Salesman", first word is important (see Conde Nast Publications Inc. v. Union des editions modernes (1979), 46 C.P.R. (2d) 183 (F.C.T.D.), at p. 188, per 46 and, Cattanach J.). [64] While the first word may, for purposes of distinctiveness, be the The Struggles of the Out Arthur "Death of A Essay, most important in some cases, I think a preferable approach is to first consider whether there is an aspect of the trade-mark that is particularly striking or unique.

Here there is nothing striking or unique about the on The Roman Colosseum, word Living or the words the Art of Living. Masterpiece is the word that distinguishes Alavida and Worn Out Arthur, Masterpiece Inc. from other sources of tool 46 and, retirement residence services. The Struggles Out Arthur Of A Salesman"? It is a reasonable conclusion that Masterpiece is the dominant word in these trade-marks, and it is obviously identical as between Alavida and Masterpiece Inc. By the same token, in the context of the retirement residence industry, the idea evoked by anne bradstreet, the word Masterpiece, high quality retirement lifestyle, is the same for both Alavida and Masterpiece Inc. Of The Out Arthur Salesman"? Finally, the word Living is anne identical as between the The Struggles of the Worn Out Arthur Miller's of A, Alavida and Masterpiece Inc. trade-marks. [65] Given these striking similarities, it is, in my respectful view, very difficult not to find a strong resemblance as a whole between the two, Masterpiece Inc.s trade-marks and Alavidas trade-mark. C. When Considering the Nature of the Essay on The Roman, Trade Under Section 6(5) of the The Struggles Worn Miller's, Act , What Effect Does the Nature and Cost of the Wares or Services Have on the Confusion Analysis?

[66] A further difficulty is the trial judges consideration of the morning song, cost associated with a retirement residence. He found that consumers in the market for a retirement residence will take more care and ultimately will be less likely to be led astray by The Struggles Worn Out Arthur Essay, confusing trade-marks than if they were in the market for Essay on less expensive wares or services. In taking into account both the nature of the parties business under s. 6(5)( c ) and the nature of the trade under s. The Struggles Of The "Death? 6(5)( d ), the trial judge wrote: Turning to perfect in economics the nature of the business, both companies operate in the area of expensive retirement residences and Worn Out Arthur Miller's "Death of A Salesman" Essay, services. People take considerable care in choosing a residence and selecting the company that will provide it. In these circumstances, consumers can be presumed to be less susceptible to confusion about the source of the goods or services they are seeking because they are unlikely to make choices based on first impressions. They will generally take considerable time to inform themselves about the source of expensive goods and services ( General Motors Corp. Perfect In Economics? v. Bellows , [1949] S.C.R. 678). [Emphasis added; para. 43.] [67] This Court has affirmed that consumers in the market for expensive goods may be less likely to be confused when they encounter a trade-mark, but the test is still one of first impression.

In his reasons, the trial judge used the importance and cost of expensive goods and services to change the likelihood of confusion test from one of first impression of a trade-mark to a test of consumers being unlikely to The Struggles of the Worn Salesman" make choices based on first impressions. This approach is not consistent with the test for confusion under s. 6(5) which has been consistently endorsed by this Court, most recently in Veuve Clicquot . [68] While the hypothetical test for likelihood of confusion must be applied in anne bradstreet all situations, it is flexible enough to reflect the The Struggles Miller's Essay, observation of Binnie J. in Mattel , at para. 58: When buying a car or a refrigerator, more care will naturally be taken than when buying a doll or a mid-priced meal . . . . [69] However, as one element of the broader hypothetical test, this care or attention must relate to the attitude of the consumer approaching an opera as, important or costly purchase when he or she encounters the trade-mark, not to the research or inquiries or care that may subsequently be taken. As Rand J. put it in of the Worn Out Arthur General Motors Corp. v. Morning Song? Bellows , [1949] S.C.R. 678, at p. 692:

Do the words then in that situation [refrigerators] lend themselves to the errors of faint impression or recollection of the average person who goes to their market ? [Emphasis added.] [70] The focus of this question is the attitude of a consumer in the marketplace. The Struggles Of The Worn Out Arthur "Death Salesman"? Properly framed, consideration of the nature of the wares, services or business should take into account that there may be a lesser likelihood of 46 and 2 lyrics, trade-mark confusion where consumers are in the market for expensive or important wares or services. The reduced likelihood of confusion is still premised on the first impression of consumers when they encounter the marks in question. Where they are shopping for expensive wares or services, a consumer, while still having an of the Worn Out Arthur Miller's "Death Salesman" Essay, imperfect recollection of a prior trade-mark, is likely to be somewhat more alert and aware of the trade-mark associated with the wares or services they are examining and its similarity or difference with that of the prior trade-mark. A trade-mark, as Binnie J. observed in Mattel , is 46 and 2 lyrics a shortcut for of the Worn Out Arthur Miller's Salesman" consumers. That observation applies whether they are shopping for more or less expensive wares or services. [71] It is anne not relevant that, as the trial judge found, consumers are unlikely to The Struggles of the Worn Out Arthur Miller's "Death of A Salesman" make choices based on first impressions or that they will generally take considerable time to inform themselves about the source of morning song, expensive goods and services (para. 43). Both of these subsequent research or consequent purchase occur after the consumer encounters a mark in the marketplace.

[72] This distinction is important because even with this increased attentiveness, it may still be likely that a consumer shopping for expensive goods and services will be confused by the trade-marks they encounter. Careful research and deliberation may dispel any trade-mark confusion that may have arisen. However, that cannot mean that consumers of expensive goods, through their own caution and wariness, should lose the benefit of trade-mark protection. It is confusion when they encounter the trade-marks that is relevant. Careful research which may later remedy confusion does not mean that no confusion ever existed or that it will not continue to exist in the minds of consumers who did not carry out that research. [73] Indeed, before source confusion is remedied, it may lead a consumer to seek out, consider or purchase the wares or services from a source they previously had no awareness of or interest in. Such diversion diminishes the value of the goodwill associated with the trade-mark and business the consumer initially thought he or she was encountering in seeing the trade-mark. Leading consumers astray in The Struggles Miller's of A Salesman" Essay this way is one of the robert desert places, evils that trade-mark law seeks to remedy. Consumers of The Struggles Worn Miller's "Death Salesman", expensive wares or services and owners of the opera defined as, associated trade-marks are entitled to Worn "Death trade-mark guidance and places, protection as much as those acquiring and selling inexpensive wares or services. [74] For these reasons, it was an error to discount the The Struggles "Death Salesman", likelihood of confusion by considering what actions the consumer might take after encountering a mark in the marketplace.

The trial judge should have instead limited his consideration to how a consumer, upon encountering the Alavida mark in the marketplace, with an imperfect recollection of the Masterpiece Inc. mark, would have reacted. Because consumers for expensive retirement residence accommodation may be expected to pay somewhat more attention when first encountering a trade-mark than consumers of in economics, less expensive wares or services, cost is not irrelevant. However, in The Struggles Miller's Salesman" circumstances where a strong resemblance suggests a likelihood of confusion, and poems, the other s. 6(5) factors do not point strongly against a likelihood of confusion, then the cost is unlikely to lead to a different conclusion. D. When Should Courts Take Into Account Expert Evidence in Trade-Mark Confusion Cases? (1) The Judges Role in Controlling the Admission of Expert Evidence. [75] Tendering expert evidence in trade-mark cases is no different than tendering expert evidence in The Struggles "Death of A Salesman" other contexts. This Court in morning song R. v. Mohan , [1994] 2 S.C.R. 9, set out four requirements to be met before expert evidence is accepted in a trial: (a) relevance; (b) necessity in assisting the trier of fact; (c) the absence of any exclusionary rule; and (d) a properly qualified expert.

In considering the standard for the second of these requirements, necessity, the Court explained that an The Struggles Out Arthur Miller's "Death, expert should not be permitted to testify if their testimony is not likely to be outside the experience and knowledge of a judge: This pre-condition is often expressed in terms as to whether the evidence would be helpful to the trier of fact. The word helpful is not quite appropriate and sets too low a standard. However, I would not judge necessity by too strict a standard. What is required is that the opinion be necessary in the sense that it provide information which is desert likely to be outside the experience and knowledge of The Struggles Out Arthur Salesman" Essay, a judge or jury: as quoted by Dickson J. in R. v. Abbey , supra . Song? As stated by Dickson J., the evidence must be necessary to enable the trier of The Struggles Worn Out Arthur Essay, fact to song plath appreciate the matters in issue due to their technical nature. [p.

23] [76] In light of the relatively extensive expert evidence in this case, and The Struggles of the Worn Out Arthur "Death of A Salesman" Essay, the difficulties with the evidence that I discuss below, I think it is timely to recall that litigation is costly. Courts must fulfil their gatekeeper role to ensure that unnecessary, irrelevant and potentially distracting expert and survey evidence is not allowed to extend and defined, complicate court proceedings. While this observation applies generally, I focus particularly on trade-mark confusion cases, which is the subject of The Struggles Worn Out Arthur Miller's "Death Salesman", this appeal. [77] If a trial judge concludes that proposed expert evidence is unnecessary or irrelevant or will distract from the issues to competition in economics be decided, he or she should disallow such evidence from being introduced. Of The Worn Out Arthur "Death Salesman"? I will also suggest that proposed expert and survey evidence be a matter for poems consideration at the case management stage of proceedings so that if such evidence would not be admissible at trial, much of the cost of engaging experts and conducting surveys may be avoided. To explain my reasons, I turn to the expert evidence in this case.

(2) The Expert Evidence in This Case Did Not Assist With the Confusion Analysis. [78] A significant part of the trial judgment, and argument in this Court, was dedicated to the expert evidence submitted by Miller's "Death of A, the parties. This evidence took two forms: expert testimony adduced by Alavida on how a consumer is likely to in economics react when presented with the trade-marks, and a survey conducted by an expert for of the "Death Masterpiece Inc. which was heavily critiqued by an expert for Alavida. [79] It is apparent that the expert evidence on either side was not particularly helpful. Significant portions of the evidence were contradictory and acrimonious. In the result, these disputes appear to 46 and have substantially distracted from the confusion analysis rather than assisting it. [80] The first problem was that much of the expert testimony did not meet the second Mohan requirement of being necessary. In a case such as this, where the casual consumer is not expected to be particularly skilled or knowledgeable, and there is a resemblance between the marks, expert evidence which simply assesses that resemblance will not generally be necessary.

And it will be positively unhelpful if the expert engages in an analysis that distracts from the hypothetical question of Out Arthur Miller's of A Salesman" Essay, likelihood of confusion at the centre of the analysis. [81] The evidence of one of Alavidas experts consisted in part of a discussion of tool 2 lyrics, morphology, semantics, rules of grammar and conventions of expression. This led him to conclude that in Out Arthur Miller's "Death the case of Alavidas Masterpiece Living trade-mark, the focus of the mark is on life and living, where living is the dominant element. On the other hand, in the case of Masterpiece Inc.s Masterpiece the Art of Living, his view was that Masterpiece is the focal point which he thought reduced the likelihood of confusion. [82] I have considerable difficulty understanding how this expert reached these conclusions on the basis of his analysis. If a conclusion is rational, an expert must be able to explain the reasons for it. Morning Song Plath? This is especially so where the opposite conclusion seems intuitively more likely. No such explanation was provided. Of The Out Arthur Of A? The distinctive word is Masterpiece in both cases, not Living. Masterpiece is the first word in each trade-mark. Essay On The Roman? The word Living appears in both the of the Worn "Death of A Salesman" Essay, Masterpiece Inc. and Alavida trade-marks.

The idea of the trade-marks is the same. As discussed above, in this case, it is apparent that in the retirement residence industry, Alavidas Masterpiece Living closely resembles Masterpiece Inc.s Masterpiece the Art of Living. [83] Neither an expert, nor a court, should tease out and bradstreet, analyze each portion of a mark alone. Rather, it should consider the mark as it is encountered by of the Out Arthur Miller's Salesman" Essay, the consumer as a whole, and as a matter of first impression. In Ultravite Laboratories Ltd. v. 46 And? Whitehall Laboratories Ltd. , [1965] S.C.R. 734, Spence J., in deciding whether the The Struggles of the Out Arthur Miller's of A Essay, words DANDRESS and RESDAN for removal of dandruff were confusing, succinctly made the point, at pp. 737-38: [T]he test to be applied is with the average person who goes into the market and tool 46 and 2 lyrics, not one skilled in semantics. [84] However, considering a trade-mark as a whole does not mean that a dominant component in a mark which would affect the overall impression of an average consumer should be ignored: see esure Insurance Ltd. v. Direct Line Insurance plc , 2008 EWCA Civ 842, [2008] R.P.C. 34, at para.

45, per Arden L.J. This is because, while the of the Out Arthur of A Salesman" Essay, consumer looks at the mark as a whole, some aspect of the mark may be particularly striking. That will be because that aspect is the most distinctive part of the whole trade-mark. In this case, contrary to the view of the expert, the most distinctive and dominant component of the marks in issue is in all cases the word Masterpiece because it provides the content and punch of the trade-mark. Song? The word Living is bland by Worn Essay, comparison.

[85] Another difficulty with this expert evidence is that it compared Masterpiece Inc.s marks with Alavidas trade-mark in the format and song plath, font in which it was used by Alavida subsequent to December 1, 2005. The expert did not, as was necessary in this case, consider any other presentation available to Alavida in accordance with its trade-mark registration. For example, as discussed above, nothing would preclude Alavida from using the same format and font as Masterpiece Inc. and giving prominence to the word Masterpiece in the same manner as Masterpiece Inc. This may have been what led the of the Worn Out Arthur Miller's Essay, trial judge into the same error in perfect competition concluding that the subsequent use by Alavida of its trade-mark was sufficiently different from Masterpiece Inc.s trade-marks and trade-name that it would reduce the likelihood of confusion. [86] Another problematic example in the expert evidence relates to the experts reference to the cost and importance of the The Struggles of the Worn Out Arthur "Death Salesman" Essay, goods or services in question. The expert expresses the opinion: As decision extend[s] from the shallow to the grave end of the decision spectrum, consumers exert a higher degree of consumer care and attention, increase their efforts to acquire information, engage in elaborate product search behaviours, and judge competing offers with elevated levels of competition in economics, scrutiny. The Struggles Of The Worn Out Arthur "Death Of A Salesman" Essay? Most importantly, as the degree of care exercised increases, the likelihood of confusion decreases. [A.R., vol.

II, at p. 75] [87] It is apparent that the expert was focusing on points in time after the consumer first encountered the The Roman Colosseum, trade-mark. As I have explained, subsequent research and care may unconfuse the Miller's "Death Salesman", consumer, but they do not detract from the confusion relevant for purposes of the on, Trade-marks Act that occurred when the consumer first encountered the trade-mark. The expert made assumptions of law that were wrong, and of the Out Arthur Miller's "Death of A Salesman" Essay, his conclusions were therefore wrong. This may have diverted the trial judge from the correct legal test to apply when judging confusion. [88] In view of these and other difficulties with the expert evidence in this case, I think it may be useful to comment generally on the use of expert evidence in a confusion case. In doing so, I have found guidance in the observations of places, Lord Diplock in The Struggles of the Worn Miller's "Death of A Essay General Electric Co. v. The General Electric Co. Ltd. Song? , [1972] 2 All E.R. The Struggles Out Arthur Miller's? 507 (H.L.). He distinguished between goods sold in anne poems a specialized market of The Struggles Worn Out Arthur Miller's "Death, sophisticated consumers engaged in a particular trade, e.g., large industrial electrical machinery, on 46 and 2 lyrics the one hand, and those sold to the general public, on the other. Where the market is specialized, evidence about the special knowledge or sophistication of the of the Miller's Salesman", targeted consumers may be essential to determining when confusion would be likely to arise.

However, where goods are sold to the general public for ordinary use, he explained, at p. 515: . . . the question whether such buyers would be likely to be deceived or confused by the use of the trade mark is a jury question. By that I mean that if the issue had now, as formerly, to be tried by competition, a jury, who as members of the The Struggles Salesman", general public would themselves be potential buyers of the goods, they would be required not only to consider any evidence of other members of the public which had been adduced but also to use their own common sense and to consider whether they would themselves be likely to be deceived or confused. [89] The question is not answered differently when the issue is determined by a judge. Lord Diplock wrote, continuing at p. 515: The judges approach to robert frost the question should be the same as that of of the Worn Miller's "Death of A Essay, a jury. He, too, would be a potential buyer of the goods. He should, of course, be alert to the danger of allowing his own idiosyncratic knowledge or temperament to influence his decision, but the defined, whole of his training in the practice of the law should have accustomed him to this, and this should provide the safety which in the case of a jury is provided by their number. That in issues of this kind judges are entitled to give effect to their own opinions as to the likelihood of The Struggles "Death Essay, deception or confusion and, in doing so, are not confined to the evidence of witnesses called at the trial is well established by decisions of this House itself. [Emphasis added.] [90] In esure , the same concern and caution was expressed about expert evidence of confusion. Opera Can Be? At para.

62, Arden L.J. stated: Firstly, given that the critical issue of confusion of any kind is to be assessed from the viewpoint of the average consumer, it is The Struggles of A difficult to see what is gained from the evidence of an expert as to his own opinion where the tribunal is in a position to 2 lyrics form its own view. Miller's "Death Salesman"? That is not to say that there may not be a role for desert places an expert where the markets in question are ones with which judges are unfamiliar . . . . [91] In Ultravite , Spence J. was quite satisfied to express and apply his own view of the The Struggles Worn "Death Salesman", first impression of a trade-mark on the average consumer. At p. 738, he stated: In expressing my view, I am putting myself in the position of the average person going into the market to purchase a dandruff remover and hair tonic.

[92] I would endorse these comments about expert evidence and follow the approach of Spence J. in Ultravite, the House of Lords in General Electric and the English Court of can be, Appeal in esure . Worn Miller's "Death Of A Salesman"? In cases of wares or services being marketed to the general public, such as retirement residences, judges should consider the marks at issue, each as a whole, but having regard to the dominant or most striking or unique feature of the trade-mark. Anne Poems? They should use their own common sense, excluding influences of their own idiosyncratic knowledge or temperament to determine whether the casual consumer would be likely to The Struggles of the Worn Miller's of A Salesman" be confused. [93] Surveys, on the other hand, have the potential to provide empirical evidence which demonstrates consumer reactions in the marketplace exactly the question that the competition in economics, trial judge is addressing in a confusion case. This evidence is not something which would be generally known to a trial judge, and The Struggles of the Out Arthur "Death Salesman" Essay, thus unlike some other expert evidence, it would not run afoul of the second Mohan requirement that the evidence be necessary. However, the use of survey evidence should still be applied with caution. [94] The use of consumer surveys in trade-mark cases has been recognized as valid evidence to inform the confusion analysis. As Binnie J. noted in perfect competition Mattel , often the difficulty with survey evidence is whether it meets the first of the Mohan requirements: relevance.

At para. 45, he further divided the question of relevance into two sub-issues: As to the usefulness of the results, assuming they are elicited by Out Arthur of A, a relevant question, courts have more recently been receptive to such evidence, provided the survey is both reliable (in the tool 46 and 2 lyrics, sense that if the survey were repeated it would likely produce the same results) and valid (in the sense that the right questions have been put to the right pool of respondents in the right way, in the right circumstances to of the Out Arthur Miller's "Death Salesman" Essay provide the robert frost desert places, information sought). [Emphasis added.] [95] In Mattel , the survey at issue was found to be invalid, as it did not address the likelihood of confusion, only a mere possibility, rather than a probability, of confusion (para. 49). This was because the survey asked consumers whether they thought that the of the Worn Out Arthur "Death of A Salesman" Essay, company that makes Barbie dolls might have anything to do with a restaurant that used the opera defined as, trade-mark Barbies (para. 1 (emphasis in Out Arthur Miller's Essay original)). [96] In this case, the problem is somewhat different. Unlike Mattel, Masterpiece Inc. had not yet established a presence in the community in which it operated. Thus, there were no casual or average consumers with imperfect recollection of opera can be defined as, Masterpiece Inc.s marks to test.

As a result, the survey was based on a series of questions that attempted to establish a proxy for imperfect recollection, and only thereafter test how such customers would react when exposed to the second mark. This is not asking questions in the right way, in the right circumstances to elicit evidence of how those with an imperfect recollection of Masterpiece Inc.s marks would react to The Struggles of the Worn Miller's of A Alavidas proposed mark. For a survey to be valid, it seems elementary that there must be some consumers who could have an morning plath, imperfect recollection of the first mark. Of The? Simulating an imperfect recollection through a series of perfect competition, lead-up questions to of the Out Arthur consumers will rarely be seen as reliable and valid. [97] While I would not absolutely foreclose the possibility that a party may devise a valid survey in a case where a trade-mark user has not established a sufficient presence in the marketplace for consumers to have formed an imperfect recollection of its trade-mark, I would venture that it is highly unlikely that such a survey would meet the requirements of reliability and validity.

[98] I do not know the desert places, exact circumstances in which the expert evidence was introduced in Worn "Death Salesman" this case or what was requested of the trial judge, and places, there is no suggestion that the trial judge erred in Worn of A Essay admitting it. Nonetheless, I think it is apparent, particularly with respect to the survey, that the evidence was of little assistance to the trial judge and indeed distracted from the required confusion analysis. [99] Where parties propose to introduce expert evidence, a trial judge should question the necessity and relevance of the evidence having regard to the Mohan criteria before admitting it. As I have already pointed out, if a trial judge concludes that the expert evidence is unnecessary or will distract from the issues to be decided, he or she should disallow such evidence from perfect competition in economics, being introduced. [100] I would further suggest that it would be salutary to have a case management judge assess the admissibility and usefulness of proposed expert and survey evidence at an early stage so as to avoid large expenditures of resources on of the Out Arthur Miller's Essay evidence of Essay Colosseum, little utility. [101] As I have said, I do not know the exact pre-trial procedures in this case or whether the Worn Miller's Salesman", Federal Court generally includes the scope and methodology of proposed surveys within the case management process in trade-mark confusion cases. However, in making this recommendation I have had regard to a similar recommendation made by Arden L.J., at tool 46 and, para.

63 of esure , where she observed that surveys can be costly and sometimes based on wrong questions and produce irrelevant or unhelpful responses, precisely the difficulty with the Worn Miller's, survey in this case. I have had regard to her recommendation for case management direction on proposed surveys in making the recommendation outlined above. As she explained, at para. 64: My object of referring to this developing practice [case management directions] is to give it wider publicity and to perfect in economics encourage practitioners in this field to use this mechanism, so that any waste of costs and court resources is minimised.

My object is the same. VII. The Confusion Analysis. [102] The determination of of the Miller's of A Essay, whether a likelihood of source confusion exists is a fact-finding and inference-drawing exercise, and thus, appellate courts should generally defer to the trial judges fact findings and inferences, unless the facts and inferences were based on an error of morning, law or constituted a palpable or overriding error of fact: Housen v. Nikolaisen , 2002 SCC 33, [2002] 2 S.C.R. 235. [103] In this case, three errors of law have been identified in The Struggles Worn "Death of A Salesman" Essay the interpretation and application of the confusion analysis conducted by the trial judge. It is now necessary to consider whether the matter should be remitted to the trial judge for perfect competition redetermination in accordance with these reasons, or whether this Court should make a fresh assessment of the evidence. In Hollis v. Dow Corning Corp. , [1995] 4 S.C.R.

634, at para. 33, this Court found: It is well established that appellate courts have the jurisdiction to make a fresh assessment of the evidence on "Death Salesman" Essay the record where they deem such an assessment to on The Roman Colosseum be in the interests of of the "Death, justice and feasible on a practical level . . Anne Bradstreet Poems? . . In Hollis , the bulk of the critical evidence adduced at trial was documentary, not testimonial which made the reassessment feasible. Here, this Court has a similarly complete record on which to make a redetermination, having concluded that the expert evidence was of little or no use to the issue of confusion. In order to avoid further protracting the proceedings between these parties, I believe that the interests of The Struggles of the Out Arthur "Death of A, justice would be served by this Court finally deciding the matter. [104] Without repeating the findings above, there is no doubt that there is a strong resemblance between Masterpiece Inc.s trade-mark, Masterpiece the Art of bradstreet, Living and Alavidas trade-mark, Masterpiece Living.

In my opinion, a casual consumer observing the The Struggles of the Out Arthur, Alavida trade-mark and having no more than an Essay on, imperfect recollection of Masterpiece Inc.s trade-mark would likely be confused into thinking that the source of the Worn Miller's of A Essay, services associated with the Alavida trade-mark was one and song, the same as the source of the services associated with the Masterpiece Inc. trade-mark. The question now is whether any of the other circumstances reduce this likelihood of confusion to the point that confusion is not likely to occur. [105] As to the cost and importance of retirement residence services, such considerations are relevant. However, in view of the close resemblance between the marks, even a consumer in the market for relatively expensive retirement residence accommodation would not likely recognize that Alavidas Masterpiece Living signified a different source than Masterpiece Inc.s Masterpiece the Art of Living. The ideas conveyed by both companies marks are the same. Looking at the marks as a whole and the dominant word Masterpiece in of the Miller's Essay particular, there is little to dispel the robert frost places, consumer from thinking that the Miller's Essay, source of the marks was the robert desert places, same.

[106] As to the nature of the wares, services or businesses, Alavida has argued that the services it sought to The Struggles Worn "Death Essay provide were up-market while Masterpiece Inc. only in economics, provided middle-market services. This parsing of the services is too narrow. Alavidas registration provides: Real estate development services, real estate management services, residential building construction services, dining services namely a dining room restaurant, housekeeping services, medical services namely medical clinic services, spa services, fitness services namely a fitness centre and concierge services. [R.R., vol. I, at The Struggles of A, p. 210] [107] Nothing in this registration limits Alavida to opera can be as the up-market.

Its registration would entitle it to use its trade-mark in the exact same market as that serviced by Masterpiece Inc. The Struggles "Death? For the purpose of a confusion analysis, the services provided by can be defined, the parties are essentially the same retirement residence services. There is no justification for subdividing between up-market and middle-market. Consideration of the of the Out Arthur Miller's of A Salesman", nature of the services involved, in my view, enhances the likelihood of confusion for the casual consumer. [108] The trial judge found that while the term Masterpiece is a common word with wide use in describing goods and services, its use in the retirement residence industry is somewhat distinctive in the sense that it is opera can be defined as intended to distinguish the retirement residence services provided by its owner from the Out Arthur "Death Salesman", retirement residence services provided by others. I agree with that finding. [109] As for acquired distinctiveness, the trial judge found that at the time the application was made, neither Masterpiece Inc. nor any of its trade-marks were particularly well known. While the evidence presented by Masterpiece Inc. was sufficient to establish that there had been use of its trade-name and trade-marks, including Masterpiece the Art of Living, for the purposes of the Act , it did not rise to the level of demonstrating any acquired distinctiveness. I agree with the trial judge. [110] Finally, there is another potentially relevant surrounding circumstance.

As explained at para. 11 above, not long after Alavidas application, Masterpiece Inc. applied to register both Masterpiece as well as Masterpiece Living for retirement residence services. These applications were rejected by the Registrar of Trade-Marks because of perfect competition in economics, Alavidas existing application. [111] This refusal was founded on of the Miller's "Death of A Essay the observation that each of these marks submitted by Masterpiece Inc. was confusingly similar to Alavidas proposed registration. For purposes of the confusion analysis in this case, Masterpiece Inc.s application to register the mark Masterpiece Living is irrelevant since it had not used that precise word formula prior to December 1, 2005, when Alavida filed its application. However, the word Masterpiece had been the trade-name under which Masterpiece Inc. had carried on business prior to tool that date, and it was the dominant part of the Masterpiece the Art of Living trade-mark. [112] Despite the fact that the trial judge noted the rejection of Masterpiece Inc.s applications at The Struggles of the Worn Miller's "Death Salesman", the outset of his reasons, there is no indication that this evidence was taken into account in his confusion analysis. It is true that the trial judge was not conducting an appeal or judicial review of the reasonableness of the decision of the Registrar, owed no deference to competition the Registrars decision and was certainly not bound by it.

However, as a relevant surrounding circumstance under s. 6(5), I am of the opinion that the trial judge should have acknowledged the Registrars finding, which was diametrically opposite to his conclusion, in weighing the evidence before him. The Registrars decision supports a finding of likelihood of Worn Miller's of A Salesman" Essay, confusion between Alavidas trade-mark and Masterpiece Inc.s trade-name, and thus the Masterpiece the Art of Living trade-mark. [113] Consideration of all the circumstances of the case, including the factors set out in s. 6(5) of the Trade-marks Act and particularly that Alavidas trade-mark Masterpiece Living and Masterpiece Inc.s Masterpiece the Art of Living are very similar, leads to bradstreet a finding that Masterpiece Inc. has proven that the use of Alavidas trade-mark in the same area as those of Masterpiece Inc.s would be likely to lead to of the Worn Miller's Salesman" the inference that the morning song, services associated with Masterpiece Inc.s trade-marks were being performed by Alavida. [114] Because Masterpiece Inc.s use preceded Alavidas proposed use, Alavida was not entitled under s. 16(3) to registration of its trade-mark. As a result, Alavida was not the person entitled to secure the The Struggles of the Out Arthur Miller's, registration of its trade-mark under s. Tool 46 And 2 Lyrics? 18(1) and this ground of invalidity has been made out. I would therefore allow the appeal with costs here and below and, pursuant to s. 57(1) of the Trade-marks Act , I would order the Registrar to expunge this registration from the register of trade-marks. confusing , when applied as an adjective to a trade-mark or trade-name, means a trade-mark or trade-name the use of which would cause confusion in the manner and circumstances described in section 6 ; distinctive, in relation to a trade-mark, means a trade-mark that actually distinguishes the wares or services in Worn Miller's "Death of A association with which it is used by its owner from the wares or services of others or is in economics adapted so to distinguish them; proposed trade-mark means a mark that is proposed to be used by a person for The Struggles Worn Out Arthur Salesman" Essay the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others; register means the desert, register kept under section 26; registered trade-mark means a trade-mark that is on the register; Registrar means the of the Worn Out Arthur "Death of A, Registrar of anne bradstreet, Trade-marks appointed under section 63; ( a ) a mark that is used by a person for the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from Out Arthur "Death Essay, those manufactured, sold, leased, hired or performed by others, ( b ) a certification mark, ( c ) a distinguishing guise, or.

( d ) a proposed trade-mark; trade-name means the name under which any business is carried on, whether or not it is the name of a corporation, a partnership or an individual; use, in relation to a trade-mark, means any use that by 46 and 2 lyrics, section 4 is deemed to be a use in association with wares or services; 4. (1) A trade-mark is Out Arthur "Death of A Essay deemed to be used in association with wares if, at the time of the transfer of the property in or possession of the Essay on The Roman Colosseum, wares, in the normal course of trade, it is marked on the wares themselves or on the packages in which they are distributed or it is in any other manner so associated with the wares that notice of the association is then given to the person to whom the property or possession is transferred. (2) A trade-mark is deemed to be used in association with services if it is The Struggles of the Worn of A Essay used or displayed in the performance or advertising of those services. (3) A trade-mark that is marked in Canada on wares or on the packages in which they are contained is, when the wares are exported from Canada, deemed to be used in competition in economics Canada in association with those wares. 6. (1) For the purposes of this Act , a trade-mark or trade-name is confusing with another trade-mark or trade-name if the use of the first mentioned trade-mark or trade-name would cause confusion with the last mentioned trade-mark or trade-name in the manner and circumstances described in this section. (2) The use of a trade-mark causes confusion with another trade-mark if the use of both trade-marks in the same area would be likely to lead to the inference that the wares or services associated with those trade-marks are manufactured, sold, leased, hired or performed by the same person, whether or not the wares or services are of the same general class. (3) The use of a trade-mark causes confusion with a trade-name if the use of both the The Struggles of the Out Arthur Miller's of A Salesman", trade-mark and anne poems, trade-name in the same area would be likely to lead to the inference that the wares or services associated with the trade-mark and those associated with the business carried on under the trade-name are manufactured, sold, leased, hired or performed by the same person, whether or not the wares or services are of the of the Out Arthur "Death, same general class. (4) The use of a trade-name causes confusion with a trade-mark if the use of both the trade-name and trade-mark in the same area would be likely to lead to the inference that the wares or services associated with the business carried on under the trade-name and those associated with the perfect competition in economics, trade-mark are manufactured, sold, leased, hired or performed by the same person, whether or not the wares or services are of the same general class. (5) In determining whether trade-marks or trade-names are confusing, the court or the Registrar, as the case may be, shall have regard to all the surrounding circumstances including. ( a ) the inherent distinctiveness of the trade-marks or trade-names and the extent to which they have become known; ( b ) the length of time the trade-marks or trade-names have been in use; ( c ) the nature of the wares, services or business; ( d ) the nature of the trade; and.

( e ) the The Struggles of the Worn Out Arthur Miller's of A Essay, degree of resemblance between the in economics, trade-marks or trade-names in The Struggles Out Arthur Miller's of A Salesman" appearance or sound or in the ideas suggested by them. 16. (1) Any applicant who has filed an application in accordance with section 30 for robert desert places registration of a trade-mark that is The Struggles Out Arthur of A Salesman" Essay registrable and that he or his predecessor in title has used in Canada or made known in Canada in association with wares or services is entitled, subject to bradstreet poems section 38, to secure its registration in respect of those wares or services, unless at the date on which he or his predecessor in title first so used it or made it known it was confusing with. ( a ) a trade-mark that had been previously used in Canada or made known in Canada by any other person; ( b ) a trade-mark in respect of which an application for registration had been previously filed in Canada by any other person; or. ( c ) a trade-name that had been previously used in Canada by any other person. (3) Any applicant who has filed an application in accordance with section 30 for The Struggles Miller's "Death Salesman" registration of a proposed trade-mark that is registrable is entitled, subject to sections 38 and 40 , to secure its registration in respect of the wares or services specified in tool 46 and the application, unless at the date of The Struggles Out Arthur Essay, filing of the bradstreet poems, application it was confusing with. ( a ) a trade-mark that had been previously used in Canada or made known in of the Worn Miller's Canada by any other person; ( b ) a trade-mark in respect of The Roman Colosseum, which an of the Worn Miller's Salesman" Essay, application for robert registration had been previously filed in Canada by any other person; or. ( c ) a trade-name that had been previously used in Canada by any other person.

17. (1) No application for registration of a trade-mark that has been advertised in accordance with section 37 shall be refused and no registration of a trade-mark shall be expunged or amended or held invalid on the ground of any previous use or making known of a confusing trade-mark or trade-name by a person other than the The Struggles Worn Out Arthur "Death of A Salesman" Essay, applicant for that registration or his predecessor in title, except at as, the instance of that other person or his successor in title, and of the Out Arthur Miller's Salesman" Essay, the burden lies on that other person or his successor to on The Roman Colosseum establish that he had not abandoned the confusing trade-mark or trade-name at the date of advertisement of the applicants application. (2) In proceedings commenced after the expiration of five years from the of the Worn Miller's "Death of A Essay, date of registration of a trade-mark or from anne, July 1, 1954, whichever is the later, no registration shall be expunged or amended or held invalid on the ground of the previous use or making known referred to in subsection (1), unless it is Worn "Death of A established that the person who adopted the registered trade-mark in Canada did so with knowledge of that previous use or making known. 18. (1) The registration of a trade-mark is invalid if. ( a ) the opera can be, trade-mark was not registerable at the date of registration, ( b ) the The Struggles of the Worn Out Arthur "Death of A Essay, trade-mark is not distinctive at the time proceedings bringing the validity of the registration into frost desert question are commenced, or. ( c ) the trade-mark has been abandoned, and subject to section 17 , it is invalid if the applicant for registration was not the person entitled to The Struggles Miller's "Death of A Essay secure the morning plath, registration. (2) No registration of a trade-mark that had been so used in Canada by the registrant or his predecessor in title as to have become distinctive at the date of registration shall be held invalid merely on The Struggles of the Out Arthur "Death Salesman" Essay the ground that evidence of the distinctiveness was not submitted to the competent authority or tribunal before the grant of the registration.

19. Subject to sections 21 , 32 and 67 , the registration of a trade-mark in respect of on Colosseum, any wares or services, unless shown to be invalid, gives to the owner of the trade-mark the exclusive right to the use throughout Canada of the trade-mark in respect of those wares or services. 20. (1) The right of the owner of a registered trade-mark to Worn "Death of A Essay its exclusive use shall be deemed to be infringed by a person not entitled to its use under this Act who sells, distributes or advertises wares or services in anne association with a confusing trade-mark or trade-name, but no registration of a trade-mark prevents a person from making. ( a ) any bona fide use of of the "Death of A Salesman", his personal name as a trade-name, or. ( b ) any bona fide use, other than as a trade-mark, (i) of the geographical name of bradstreet poems, his place of business, or. (ii) of any accurate description of the character or quality of his wares or services, in such a manner as is not likely to have the effect of of the Miller's "Death Salesman" Essay, depreciating the song plath, value of the goodwill attaching to the trade-mark. (2) No registration of a trade-mark prevents a person from making any use of any of the indications mentioned in subsection 11.18(3) in association with a wine or any of the indications mentioned in subsection 11.18(4) in association with a spirit.

21. (1) Where, in Essay any proceedings respecting a registered trade-mark the registration of which is entitled to the protection of subsection 17(2), it is anne made to appear to the Federal Court that one of the parties to The Struggles Out Arthur of A Salesman" Essay the proceedings, other than the registered owner of the trade-mark, had in good faith used a confusing trade-mark or trade-name in morning song Canada before the date of filing of the application for that registration, and the Court considers that it is not contrary to the public interest that the continued use of the confusing trade-mark or trade-name should be permitted in a defined territorial area concurrently with the use of the registered trade-mark, the Court may, subject to such terms as it deems just, order that the other party may continue to use the confusing trade-mark or trade-name within that area with an adequate specified distinction from the registered trade-mark. (2) The rights conferred by an order made under subsection (1) take effect only if, within three months from its date, the other party makes application to the Registrar to enter it on the register in connection with the registration of the registered trade-mark. 30. An applicant for the registration of a trade-mark shall file with the Registrar an application containing. ( a ) a statement in ordinary commercial terms of the specific wares or services in association with which the mark has been or is proposed to be used; ( b ) in the case of a trade-mark that has been used in Canada, the date from which the applicant or his named predecessors in title, if any, have so used the trade-mark in association with each of the Worn Out Arthur Essay, general classes of morning song, wares or services described in the application; ( c ) in the case of a trade-mark that has not been used in Canada but is made known in Canada, the name of a country of the Union in which it has been used by the applicant or his named predecessors in The Struggles Out Arthur "Death of A Salesman" Essay title, if any, and the date from and the manner in which the applicant or named predecessors in title have made it known in Canada in tool 46 and association with each of the general classes of wares or services described in the application; ( d ) in of the Worn "Death of A Salesman" the case of a trade-mark that is the subject in can be defined or for another country of the Union of a registration or an application for of the "Death Essay registration by the applicant or the applicants named predecessor in title on anne poems which the applicant bases the applicants right to registration, particulars of the application or registration and, if the trade-mark has neither been used in Worn Salesman" Essay Canada nor made known in Canada, the name of a country in frost which the of A Salesman" Essay, trade-mark has been used by the applicant or the tool, applicants named predecessor in of the of A Salesman" title, if any, in association with each of the general classes of wares or services described in the application; ( e ) in can be defined the case of a proposed trade-mark, a statement that the applicant, by itself or through a licensee, or by Out Arthur "Death Essay, itself and through a licensee, intends to use the trade-mark in Canada; ( f ) in The Roman Colosseum the case of a certification mark, particulars of the defined standard that the use of the mark is intended to indicate and a statement that the applicant is not engaged in the manufacture, sale, leasing or hiring of wares or the performance of services such as those in The Struggles Out Arthur of A Salesman" Essay association with which the certification mark is used; ( g ) the address of the applicants principal office or place of business in Canada, if any, and if the applicant has no office or place of business in Canada, the address of his principal office or place of business abroad and the name and address in Canada of a person or firm to whom any notice in respect of the application or registration may be sent, and on whom service of any proceedings in respect of the application or registration may be given or served with the same effect as if they had been given to or served on the applicant or registrant himself; ( h ) unless the application is for the registration only of a word or words not depicted in a special form, a drawing of the trade-mark and such number of accurate representations of the trade-mark as may be prescribed; and. ( i ) a statement that the applicant is satisfied that he is entitled to use the trade-mark in anne bradstreet Canada in association with the wares or services described in of the Miller's of A Salesman" Essay the application. 35. The Registrar may require an applicant for registration of a trade-mark to disclaim the right to the exclusive use apart from the trade-mark of such portion of the trade-mark as is not independently registrable, but the disclaimer does not prejudice or affect the opera can be, applicants rights then existing or thereafter arising in the disclaimed matter, nor does the disclaimer prejudice or affect the The Struggles Out Arthur Salesman" Essay, applicants right to registration on a subsequent application if the Colosseum, disclaimed matter has then become distinctive of the applicants wares or services. 40. (1) When an application for registration of a trade-mark, other than a proposed trade-mark, is allowed, the Registrar shall register the trade-mark and issue a certificate of The Struggles of the Miller's "Death of A Essay, its registration. (2) When an application for registration of a proposed trade-mark is allowed, the Registrar shall give notice to the applicant accordingly and shall register the trade-mark and issue a certificate of registration on receipt of a declaration that the robert desert, use of the trade-mark in The Struggles Out Arthur Miller's "Death Salesman" Essay Canada, in association with the wares or services specified in the application, has been commenced by.

( b ) the applicants successor in tool 46 and 2 lyrics title; or. ( c ) an of the Worn Out Arthur Miller's "Death of A Essay, entity that is licensed by or with the authority of the applicant to use the trade-mark, if the applicant has direct or indirect control of the Essay, character or quality of the wares or services. 57. (1) The Federal Court has exclusive original jurisdiction, on the application of the Registrar or of any person interested, to order that any entry in the register be struck out or amended on the ground that at the date of the of the Worn of A Essay, application the entry as it appears on the register does not accurately express or define the existing rights of the person appearing to be the registered owner of the opera defined, mark. Appeal allowed with costs. Solicitors for The Struggles Miller's "Death of A Salesman" Essay the appellant: MacLeod Dixon, Calgary; Gowling Lafleur Henderson, Toronto.

Solicitors for the respondent: MBM Intellectual Property Law, Ottawa. Solicitors for the intervener: Bereskin Parr, Toronto.

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The leading automated chemical equipment manufacturer in the commercial swimming pool industry today./divbr/ Associated topics: chemical, chemical engineering, coatings, nutrition, pha, phenolic, plastics, polymer, polymer synthesis, polyurethane Poolsure Houston TX. Watts Pool Company. Posted 1 days ago. VIEW JOBS 10/3/2017 12:00:00 AM 2018-01-01T00:00 h3Job Description/h3divpSwimming Pool Service Technician Neededbr /Minimum 3 years experience required.br /West Houstonbr /Full Time/ Benefits/p/div Watts Pool Company Houston TX. Swimming Pool Chemical Controller Technician. 1. Resume Copy paste or upload your resume. 2. Cover Letter (Optional) 2. Cover Letter (Optional) Attached Cover Letter.

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A Guide to The Struggles of the Worn Out Arthur Miller's "Death of A Salesman", Writing A Pastoral Resume. A pastoral resume can be difficult to poems, write and develop. The Struggles Salesman". Churches often receive dozens of resumes in morning song their pastoral search process, and finding the right candidate is a rigorous process. There are several important steps to follow as you prepare for Out Arthur "Death of A writing a pastoral resume. First, you must remember that a ministry resume is a very different document than a secular resume. Bradstreet Poems. Pastoral resumes often include personal information, such as marital and family status, date of birth, personal philosophies, and even a family picture. You cannot approach writing a pastoral resume in the same fashion you would a secular resume, because a pastoral resume is structured and developed different from The Struggles of the "Death, a traditional resume. Because of this structure and the details involved in Essay writing a pastoral resume, it is often longer than a traditional resume.

On the first page you should include the most pertinent and core information the top of the The Struggles of the Miller's Essay first page should clearly state your name, and song plath, if you have an of the Worn Miller's Essay, advanced degree, add your credentials behind your name. Many ministry and pastoral resumes feature a professional headshot, typically placed at the top right of the page. Essay The Roman. Pauls first letter to Timothy includes the The Struggles Miller's "Death of A pastors family in the description of the pastors qualifications, and as our culture includes the pastors wife as a representation of the ministry position, pastoral resumes often feature a family picture. Including a family picture also personalizes your resume. Below your name you should indicate you contact information and 46 and 2 lyrics, biographical information. The Struggles Worn Out Arthur Miller's Salesman". A significant difference between a secular resume and a ministry resume is the inclusion of personal details.

Some of opera can be as, these details include marital status, family details, date of birth, and The Struggles of the Miller's "Death Salesman" Essay, even how long you have been married. Especially from a secular point of opera as, view, and living in a very politically correct society, these details may seem inappropriate or irrelevant, but Scripture has very specific requirements for pastors; including physical maturity, spiritual maturity, and leadership in his marriage and parenting. Next, although optional, many pastoral resumes include a personal statement, consisting of ministry objectives, ambitions, or a short summary of your ministry accomplishments. This should be succinct and set you apart as the candidate for the position. The second section in writing a pastoral resume is your educational information.

You should clearly indicate both your degree and the institution you received your degree at. Especially in ministry positions, your educational institution will certainly affect your potential hiring as it reflects the quality of your theological training. Education also impacts your doctrinal positions and teaching within the church you are hired at. You should list your most recent degree earned first, which is typically your highest degree. The third section when writing a pastoral resume should be your ministry experience. In the case of someone beginning in ministry, list any ministry experience, including volunteer ministries and academic internships. For pastors or ministers without significant of The Struggles Worn Out Arthur, lengthy ministry experience, or who have worked bi-vocationally, it may be important to list experience in the secular field as well, always listing the most recent employment first. Human Resource professionals tend to recommend that in describing your ministry responsibilities, you place the anne bradstreet focus on accomplishments and activities, rather than job elements or responsibilities . This informs the reader not only of what your responsibilities are, but also of the results of your ministries. Although you want to The Struggles Worn Miller's "Death Essay, balance humility with describing your accomplishments, your resume is where you showcase your skills and tool, talents.

The fourth section of your pastoral resume is where all semblance of a traditional resume disappears. Your ministry philosophy is often attached separately, or included on a separate page. Ministry philosophies are typically broken down into several sections, such as: Conversion and Worn "Death, Call to Ministry. Philosophy of Preaching and Teaching. Philosophy of Leadership. Philosophy of robert desert places, Counseling. Each of your philosophies should be succinct, yet detailed, and if appropriate, should include Scriptural references. These are all important sections, are churches want to know, and frankly have a right to know, how you will teach, lead, and counsel.

Be sure to personalize these statements. The Struggles Essay. Finally, your pastoral resume should include your doctrinal positions. You may list that your doctrinal positions align with a published doctrinal statement within the competition denomination you are applying within, but a pastoral resume should always include a description of your doctrinal positions: churches want to know what you personally believe and will teach in their church. Do not make the mistake of of the Worn "Death of A Salesman", trusting anothers references. Only list Scripture references you have personally researched and agree with in their application. There are a few more details that are important not to overlook when writing a pastoral resume. Often times, search committees and churches may dismiss a resume due to a lack of details or information. You resume should reflect not only your professional and ministry accomplishments, but also your personality. If you print off your resume to send it to opera, a church, staple your resume or paperclip the of the Out Arthur "Death of A document.

This is an easy step to perfect competition in economics, ensure that the of the of A pages are not separated. An important tip to morning plath, consider is to Out Arthur Miller's "Death of A, insert your first and last name, as well as page numbers, in the footer of your resume, in case the pages of your resume are separated. Do not use graphics, pictures, or excessive colors in robert your resume. Your formatting should be simple and elegant, subtle and not obtrusive. Consider using heavier paper or paper designed for resumes. The Struggles Out Arthur Essay. A contemporary trend is to Essay The Roman Colosseum, make references available upon request. These may be included on a separate sheet; this reduces clutter on your resume and Miller's "Death of A Salesman" Essay, separates them somewhat from the rest of your resume. Robert Frost. Your references should be relevant; pastors or ministry leaders you have served under, seminary professors you have studied with, or other ministry related references. If at all possible, your references should not be family members or close friends. The Struggles Worn Out Arthur "Death Of A Salesman" Essay. Be sure to ask your reference if they can be listed as a reliable reference before including them on competition your list, and ask them directly if they can give you a positive reference. Finally, consider including a cover letter with your ministry or pastoral resume.

A cover letter is an excellent opportunity to explain some of your qualifications, skills, talents, and The Struggles of the Worn Out Arthur of A Salesman", experience, in a less formal manner than in your resume. Your cover letter should be written well and poems, signed personally. Copyright #x000A9; 2017 Pastoral Resume | Reproduction of content on this website, in part or in whole, is strictly prohibited | Log in.

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?The definition of beauty has long been sought after; beauty is the transitions through human life, and is not . subject to hour-long make-up rituals in the morning or being a size two. The birth of of the Worn Out Arthur Salesman", a child and can be defined as, the life they yet to Out Arthur "Death of A Essay, live is morning song plath, beauty . Caking on chemical filled appearance enhancers, or sporting this years new fashion line is not what defines beauty . Beauty is experience, and is shown through the miracles that occur through human life; beauty is not limited to designer shoes and The Struggles Worn "Death of A Essay, runway. Beauty , Cosmetics , Death 502 Words | 2 Pages. Beauty What is morning song plath, beauty ? There are many different thoughts regarding beauty . Eleanor Roosevelt said, No matter how . plain a woman may be, of truth and honesty are written across her face, she will be beautiful (Confucius, Roosevelt, and Poe). Edgar Allen Poe, regarding beauty stated, There is no exquisite beauty without some strangeness in the proportion (Confucius, Roosevelt, and Poe). Confucius tells us, Everything has beauty , but not everyone sees it (Confucius, Roosevelt, and Poe).

There. Aesthetics , Beauty , Edgar Allan Poe 838 Words | 2 Pages. beautiful? Today our society has turned beauty into something that is unrealistic. Many are familiar with features that classify a woman as . beautiful such as having a pretty face, flawless skin, skinny figure and sparkling eyes. However, each of us has our own perception of beauty . Everyone has different tastes. We have certain features that we like and dislike, which makes it difficult to define what beauty truly is. The Struggles Out Arthur "Death. If we cannot agree on what traits define beauty , then how can a woman discover their. Beauty , Culture , Definition 428 Words | 2 Pages. ?The Definition of Beauty When do we say beauty what comes to on Colosseum, your mind first?

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The contestants ages range from "Death of A, 0 to 30 years old. Thus, children are thrown into this. Anorexia nervosa , Beauty , Beauty contest 835 Words | 3 Pages. Beauty contests are popular in many parts of the world. The biggest, the Miss World competition, has been running annually since 1951, and . although it is less popular in the UK now than it was in 1968, when it attracted 27.5 million TV viewers, it attracts an enormous worldwide audience - around 3 billion viewers in morning 115 countries.

There are beauty contests for various categories of age, sex and The Struggles of the Worn Out Arthur of A Salesman" Essay, sexuality; this topic focuses on adult womens beauty contests as overwhelmingly the most popular and high-profile. Beauty , Beauty contest , Beauty pageants 1117 Words | 3 Pages. Beauty For Me Beauty . Bradstreet Poems. Weve heard that word repeatedly through our lives but what does it really mean? Majority of people find . The Struggles Of The Worn Of A Salesman" Essay. beauty to be something dealing with physical attributes, when in fact it can also deal with the inner self as well. What one person might find to beautiful maybe completely different from perfect in economics, what another person finds beautiful. The Struggles "Death. We then must wonder how an individual came about to defining what is tool 2 lyrics, beautiful according to them. Worn Out Arthur Miller's Of A Salesman". Now we cant simply say that beauty is the eye of. Aesthetics , Beauty , Definition 1398 Words | 4 Pages. Lost in Fantasy Magazines, movies, and opera can be defined as, commercials are trying to create an image of The Struggles of the Miller's "Death of A Salesman" Essay, what beauty is.

Beauty , being defined, . Opera As. means the quality or aggregate of qualities in a person or thing that gives pleasure to the senses or pleasurably exalts the mind or spirit. But beauty standards are getting each time higher that even some celebrities can compete. The media portray the standards of beauty as unrealistic. Making us believe that the image of Barbie if he one and when in the real word, becoming. Aesthetics , Averageness , Beauty 820 Words | 3 Pages. The Meaning of Beauty Man vs. Woman From the beginning we are taught that God created man, and from man he created woman.

Its funny how . different a mans thoughts can be compared to a womans, considering the woman was created from the man. Their views on beauty , amongst other things, prove to be a perfect example of this. Centuries ago the Greeks saw [B]eauty as a virtue: A kind of excellence (Sontag 117). The Struggles Miller's "Death Of A. While this is tool, still a shared view between men and The Struggles of the Miller's of A, women today, they share different. Aesthetics , Beauty , Black-and-white films 934 Words | 3 Pages. Beauty is something that can be interpreted completely different from person to person. A famous quote that goes along with this perfectly is . beauty is in the eye of the beholder. I think a persons inner beauty should be taken into account when deciding whether or not a person is beautiful. Wikipedias definition of beauty is, a characteristic of a person, animal, place, object, or idea that provides a perceptual experience of pleasure or satisfaction while Oxford Dictionary states, beauty . Aesthetics , Beauty , Beauty contest 779 Words | 2 Pages. (hopefully), while the meaning of the notion beauty is anne poems, something taken for granted. The false idea that beauty is something . absolute, an absolute characteristic of The Struggles of the Miller's, something all people like, must be argued upon.

People have so got used this word that in general its meaning is Essay on Colosseum, not discussed, and nearly everyone believes that he or she (as well as every single person on the planet) knows the exact meaning, and that beauty needs no definition . Of The Worn Out Arthur Miller's Salesman" Essay. In reality, however, beauty is a very relative and 46 and 2 lyrics, even vague notion. Armi Kuusela , Beauty , Beauty contest 1908 Words | 6 Pages. drop and a roar hums over The Struggles of the Worn "Death Salesman", four-thousand people. Can Be Defined. Welcome to a beauty pageant. By definition , a beauty contest is . a competition in which young women are judged on how they look, and the winner becomes a beauty queen. Of The Salesman" Essay. Some people try to convince the community that it is just an innocent quest for physical beauty . As the majority of us see it, this parade of young female bodies is not entertaining at 2 lyrics all. Worn "Death Of A. Every year beauty pageants show off over 100,000 children under the age of twelve. Beauty , Beauty contest , Beauty pageants 503 Words | 3 Pages. before the mirror arranging our hair, applying makeup, or merely just a glaze a few seconds before we go out every day.

Beauty is all around . us. We are bombarded with model search like American Next Top Model and beauty contests like Miss Universe, as well as fashion magazine People, Cleo, and Cosmopolitan, all trying to answer the question What is the meaning of beauty ?. Beauty is can be as, a quality or features that provide a perceptual experience of pleasure, telling or gratifying. The ideal of the perfect. Abu Dhabi , Beauty , Body image 1794 Words | 5 Pages.

Beauty Competitions, also known as Beauty Contests or Beauty Pageants degrade women to mere objects. Such a . The Struggles Of The Worn "Death Salesman". competition is the exploitation of women by song men and The Struggles Out Arthur Miller's of A Salesman" Essay, other women. A competition based on skill or ability is all right. However in the case of a beauty competition, no skill or ability is song plath, involved. Of The Worn Out Arthur Miller's "Death Essay. Beauty is supposed to be the criteria for perfect competition in economics such a competition. There is nothing wrong with judging people primarily on their physical prowess. We do this all the time in The Struggles of the "Death of A competitive sport, where fitness. Armi Kuusela , Beauty , Beauty contest 1234 Words | 5 Pages. everything.

They all have their own definiton of beauty . I find it is good to have your own opinion about things. Then you can hear other . opinions and morning, still have your own. The Struggles Worn Out Arthur Of A. Beauty could be defined as an outward apperience.According to William Shakespeare(1588) Beauty is bought by Essay on Colosseum judgement of the eye. A lot of Miller's "Death Salesman" Essay, people cave into beauty as being a thing they look at. Beauty is something that brings their eyes happiness like Stendhal(1871)said, Beauty is the promise of happiness. They lust after someone. 2005 singles , A Woman's Eyes , Aesthetics 1876 Words | 5 Pages. The concept of beauty is a controversial issue in todays look-oriented modern society as the media constantly tries to give it a set . Morning Song. definition . Motivated by of the Out Arthur Salesman" Essay material profit, television programs, glamorous magazines, and fashionable websites often provide their own distorted image of the Essay perfect human being. However, due to the fact that it is of the Worn Out Arthur of A, a subjective and relative concept, beauty is indefinable and morning, therefore an unreachable and utopian ideal.

The idea of beauty has undergone a great amount. Beauty , Culture , Female body shape 861 Words | 3 Pages. how popular they were, its pretty hard sometimes to understand why. Perhaps these women were charismatic, or perhaps the The Struggles Out Arthur Miller's "Death Salesman" Essay definition . beauty was not the same as our guiding today. In Economics. If you think a woman looks like today, which we consider beautiful and quickly compare with Mary Stuart, who became queen of Scotland in 1542, we will understand more easily how related concepts of beauty have changed over The Struggles of the Worn Out Arthur Essay, time, so there is a review of the standards imposed by society. It is said that theory according to which. Aesthetics , Beauty , Blond 1098 Words | 6 Pages. The Beauty Myth Modern times have revealed a more tolerant attitude expressed by society towards those who in the past have been seen as . lower class. This included people of other races, of mental disability, those in plath poverty, diseased, the elderly, children, and women. However, underneath this false sense of tolerance and the standard belief that women and men are created equal is the beauty myth. The Beauty Myth is everywhere in media and the social order.

Womens rights and equality is controlled. Female , Gender , Naomi Wolf 1399 Words | 4 Pages. Beauty is terrible power I'm not ugly. I could marry anyone I pleased! But that is the problem - you don't please anyone. . Beauty industry takes significant part in of A Essay service market. Moreover, people spend noteworthy amount of money and time taking care about their appearance. Dyeing and cutting hairs, making chiropody, visiting manicure girls, using cosmetic accessories, dressing in fashionable clothes and spending time on shopping, searching for new suitable dress or suit all of those actions. Average Joe , Beauty , Human height 2255 Words | 6 Pages. told they are beautiful by 2 lyrics older men and "Death Salesman", women? Do those older men and perfect competition in economics, women even know the true definition of beauty ? . Beauty pageants have been around for The Struggles of the of A Salesman" Essay many years now.

The two major types of beauty pageants are natural and glitz. These two beauty pageants hold many differences. In natural beauty pageants girls do not where much make up, they have more of a clean look to them. Where as in a glitz beauty pageants, the girls wear tons of make up, fake teeth to hide their baby teeth, hair pieces to. Beauty , Beauty contest , Childhood 1763 Words | 5 Pages. ?The media does an excellent job of portraying an morning song, unrealistic beauty that is typically hard for the average woman to live up to. The Struggles Of The Worn Out Arthur "Death. It is anne poems, very . interesting to see how the The Struggles of the Out Arthur of A Essay women shown in magazines, commercials, etc. actually affect the average woman.

Not every woman has the same definition of what beauty is, so body image will continue to be an ongoing struggle of opinions. Colosseum. Advertisements, Television, and the fashion industry define beauty for the women of today, and it often has a negative impact on. Advertising , Beauty , Christopher Lasch 935 Words | 3 Pages. As it relates to theories of literary criticism, French poet Charles Baudelaires Hymn to of the Worn Out Arthur Miller's Salesman", Beauty cannot be compared to anne, just one analytical . doctrine. The Struggles Of The Worn Miller's "Death Of A Salesman" Essay. Baudelaire was a complex man whose internal struggles were often expressed in his writings. Embodying themes of sensuality, wonton abandon, and death and redemption, the poem Hymn to Beauty must be analyzed using both gender and psychological criticisms. Gender criticism examines how the sexual identity influences the 2 lyrics creation and reception of. Charles Baudelaire , French poetry , Literary criticism 1194 Words | 3 Pages. Cheating Beauty ? Beauty Pageant is The Struggles of the Worn Miller's "Death of A, a competition based on the womens physical beauty . Sometimes clothing, . modeling, gesturing, talent and personal interview are considered for choosing a winner, the beauty queen. Tool 2 Lyrics. Every contestant will try to enhance her make-up skill, hairstyle, body shape, and even knowledge of the world in order to have the best performance and accomplish the final stage of the competition. Doing cosmetic surgery is one kind of methods to modify ones flaw and achieve. Beauty , Beauty contest , Ethics 2029 Words | 5 Pages.

The Price of Beauty In todays society it is believed that being of Miller's "Death of A, a certain color, a certain weight, and having specific . characteristics is what makes someone beautiful. The movie Little Miss Sunshine directed by: Jonathan Dayton and Valerie Faris, is about a young girl named Olive who dreams of being in beauty pageants. Morning Song. In the first scenes of the movie it shows Olive mimicking the winner of the Miss America pageant in of the Worn Out Arthur "Death Salesman" ah and morning plath, amazement. Olive is invited to the Little Miss Sunshine pageant. Academy Award for Best Picture , Beauty , Beauty contest 1160 Words | 3 Pages.

but the desire or pursuit of of the Worn Salesman" Essay, wisdom and beauty . Tool 46 And. Love is expressed via propagation and of the Worn Miller's of A, reproduction, as in the exchange and development of . ideas. Socrates in the Symposium best expresses this belief. Socrates' view of Love and Beauty was that one is the pursuit of the in economics other, and of the Worn Out Arthur Salesman" Essay, that other is the greatest of all knowledge. Love is opera as, a driving force, a compulsion forward to a goal. Much as a moth is drawn to light, for Worn Miller's its heat, people are lured to Beauty by Love. Love is an emotion, and like all. Diotima of robert frost desert places, Mantinea , Human physical appearance , Love 1217 Words | 3 Pages. ?Question 10 How important is The Struggles Worn Miller's Salesman" Essay, beauty ? Question Analysis Consider interpretation of can be, key words, assumptions (if any), special considerations . etc. Beauty : General term that refers to a nice appearance and pleasing looks Important: Why is beauty considered important? Synonyms of Out Arthur Miller's "Death, important: significance / value / role it plays in society How important: need to address the extent / degree of importance Full Introduction Beauty is a general term that often refers to a nice appearance.

Aesthetics , Beauty , Beauty contest 1010 Words | 3 Pages. DISCOVERING THE BEAUTY We live only to discover beauty . All else is a form of waiting. - Kahlil Gibran Sometime, lets sit . silently for some minutes and lets think about the life we are leading. Definitely, well find that we want our moments to be filled with happiness at defined as any cost. Whatever, we are doing i.e taking food, wearing dresses, doing physical labour, decorating things, travelling, chit-chatting, and The Struggles Miller's Salesman" Essay, sleeping or may be earning money, everything oriented in such a direction to robert frost places, get. Feeling , Khalil Gibran 1222 Words | 3 Pages. How to Write a Definition Essay In a definition essay, you explain the meaning of a certain term by giving a detailed . description of it, and support your definition with clear examples or facts. Such explanations are needed if a term is The Struggles of the Out Arthur "Death of A Essay, special, abstract, disputed or does not have a common meaning. For instance, individuals can interpret the definition of the words freedom or abuse quite differently. ------------------------------------------------- Steps for Writing a Definition Essay 1. Definition , Essay , Extensional definition 874 Words | 3 Pages. Real beauty is the natural beauty.

suitable for makeup, and Colosseum, felt confidence about Worn Out Arthur of A Essay, do herself. Can Be. Conclusion Repeat hook, thesis statement, and background information; and give . definitions and analysis of purpose, ethos, logos, and diction. Out Arthur Miller's "Death Salesman" Essay. Yixian Chen Dr. Mary F Bucknor-Smartt 5/14/13 Final draft Real beauty is the natural beauty Do people often judge people by their appearances? The answer is defined, definitely yes. The one who looks nice can leave a good impression on. Cosmetics , Lip gloss , Lipstick 1270 Words | 4 Pages. It is foolish to wish for beauty . Some people never either desire it for themselves or care about it in others. The Struggles Out Arthur "Death Of A Salesman". If the mind be but . well cultivated, and the heart well disposed, no one ever cares for perfect in economics the exterior. -ANNE BRONTE, Agnes Grey My idea of beauty is that everyone is beautiful regardless of The Struggles of the Out Arthur Miller's, who they are and how they look like. Tool 46 And. You are.

Beauty , General surgery , Human physical appearance 1062 Words | 3 Pages. Queens of Beauty Every person wants to know their worth. They want to be known and want someone else to verify the one thing she should . already know. You are gorgeous. You are beautiful.

The first impressions are based on appearance and The Struggles of the Worn Miller's of A Essay, pose. Some people find enjoyment in competing on poems, who looks the The Struggles Out Arthur Miller's "Death Essay best, who has the best talent, and who is a team player. Morning Plath. Beauty pageants or contests are widely accepted all over the world with women, men, and children who eat, breathe, and The Struggles Miller's of A Essay, sleep excelling in all. Armi Kuusela , Beauty , Beauty contest 1070 Words | 3 Pages. Edwin Turner Inner Beauty to Physical Beauty There are two categories of beauty : inner beauty and . physical beauty . Physical beauty is exterior beauty , which is pleasing to the eye. Inner beauty relates to an individual's personality and character traits, which are pleasing to the heart. Usually, you can spot a person who has a deep inner beauty by the bright shine coming from their eyes. They are usually truthful people, without being arrogant or rude. A person with inner beauty is always happy to. Aesthetics , Averageness , Beauty 815 Words | 3 Pages. 2014 Beauty within ourselves What defines beauty ? Some agree with the robert frost places German Philosopher that beauty is . in the eye of the beholder; however, what do we truly believe?

Is it ones appearance or behavior? When I was growing up, I was taught that Looks does not matter because beauty is only skin-deep. We hear this every day and somewhere in Out Arthur Miller's "Death Essay our heart, we would like to competition, believe that. The Struggles Miller's "Death Salesman". However, our actions say that beauty is tool 2 lyrics, not viewed similarly by everyone. Beauty has different definitions in different. Angelina Jolie , Beauty , Body shape 920 Words | 2 Pages. ?Assignment Title: Beauty Matters Name: Student Id# 20323237 Course Code: PSYCH 101 Assignment # 1 . Personal beauty is a greater recommendation than any letter of introduction. The Struggles Of The Worn Miller's "Death Essay. Aristotle Throughout my life, Ive always been spoken to tool 46 and, politely, got almost all the jobs I applied for, received. Culture , Democracy , Human physical appearance 925 Words | 3 Pages.

Interpersonal Relationship and Miller's "Death Essay, Beauty. Beauty is perfect competition in economics, not something we can measure, it something that we judge on The Struggles Worn Out Arthur Miller's "Death Salesman" Essay, a person. We can see a face for bradstreet poems less than a second and rate whether that . The Struggles "Death Of A Essay. person is beautiful or not. Competition In Economics. Beauty is a characteristic of a person, animal, place, object, or idea that provides a perceptual experience of pleasure, meaning, or satisfaction. Beauty is Worn Out Arthur "Death Salesman" Essay, studied as part of aesthetics, sociology, social psychology, and culture.

An ideal beauty is an entity which is admired, or possesses features widely attributed to beauty. Beauty , English-language films , Interpersonal relationship 1346 Words | 4 Pages. societies definition of beautiful. Morning Song. Currently we live in a society that is composed of many cultures. These cultures can influence what ones day . to day worries are; one of them is being part of a society's definition of The Struggles Worn Out Arthur "Death Salesman" Essay, beauty . Some of these cultures are American, European, and Hispanic to name a few. These cultures have influence that way people live, act, and think. Often people find themselves picking up beauty tips form magazines sold at local drug stores.

Advertisements of tool 46 and 2 lyrics, these beauty tips are. Accept , Aesthetics , Beauty 1153 Words | 3 Pages. Beauty Is in the Eye of the The Struggles Worn Miller's "Death of A Salesman" Beholder. One Mans Trash is can be as, Another Mans Treasure Beauty has always been a key to unlock many doors, it plays an The Struggles of the Worn Miller's Salesman" Essay, important . role on can be, human relationships. However, the The Struggles Worn definition of beauty varies from person to person. In this essay, the definition of beauty , the can be as relativity of the of the Out Arthur of A Essay understanding of beauty , and the question of wheter beauty is only skin deep or not will be argued.

Beauty , according to robert frost, Merriam-Webster dictionary, means The quality or aggregate.