A Serious Matter

To wrap up your week, we have the decision of Phelan J in San Miguel Brewing Int'l Ltd v Molson Canada 2005 2013 FC 156. The question was whether the trade-mark RED HORSE for beer is confusing with the trade-mark BLACK HORSE. Phelan J began by noting that “The potential for the use of phrases such as ‘this is a horse of a different colour’ or equine and beer jokes jump out at one. The Court will refrain from such frivolities for this is a case about beer and a case of beer is a serious matter.”