No Confusion Between Trade-marks CHRISTINA 4 YOU & Design and 4 YOU Design

The Federal Court of Canada recently held that the trade-mark CHRISTINA 4 YOU & Design was not confusing with the trade-mark 4 YOU Design as of its filing date and should not be expunged from the register. The applicant, 4-You A/S, brought an application to expunge the registration of the respondent, Christina America Inc., for CHRISTINA 4 YOU & Design. The main issue was whether the respondent's trade-mark was confusing at its date of filing with the applicant's previously-filed trade-mark 4 YOU Design. Even though the Court found that both marks incorporated the same words 4 YOU, covered the same wares (clothing), and operated in the same channels of trade (department stores, clothing stores and boutiques), the Court found no confusion. The Court made its finding on the basis that the two design trade-marks did not resemble each other in appearance or in the ideas suggested by them. The respective designs were the prominent and dominant features of the marks. The applicant's use of stylized font and distinct arrangement of "4 YOU" were sufficiently different from the respondent's design, consisting of scroll work inside a diamond shape and a flower in the form of the letter "O". Also, the inclusion of the word "CHRISTINA" in the respondent's design trade-mark played a prominent role in distinguishing the mark. The case illustrates that even if marks incorporate the same words and the nature of the wares and distribution channels are similar, if the design components are significant and distinctive, this may be sufficient to resist a finding of confusion. A copy of the decision is available at: http://decisions.fctcf.gc.ca/fct/2003/2003fct798.html. Summary by: Hung Nguyen