Hearing: March 16, 2005 Judgment: November 17, 2005
Full case name
Kirkbi AG and Lego Canada Inc. v. Ritvik Holdings Inc./Gestions Ritvik Inc. (now operating as Mega Bloks Inc.)
Citations
2005 SCC 65, [2005] 3 SCR 302
Docket No.
29956 [1]
Prior history
APPEAL from a judgment of the Federal Court of Appeal (Rothstein, Sexton and Pelletier JJA), 2003 FCA 297, [2004] 2 FCR 241 (14 July 2003), upholding a decision of Gibson J 2002 FCT 585 (24 May 2002), Federal Court (Canada)
Ruling
Appeal dismissed
Holding
Kirkbi’s passing‑off claim under s. 7(b) must be dismissed, as is barred by the application of the doctrine of functionality.
Court membership
Chief Justice: Beverley McLachlin Puisne Justices: Michel Bastarache, Ian Binnie, Louis LeBel, Marie Deschamps, Morris Fish, Rosalie Abella, Louise Charron
Reasons given
Unanimous reasons by
LeBel J
Laws applied
Trade-marks Act (R.S.C. 1985, c. T-13, s. 7(b))
Kirkbi AG v. Ritvik Holdings Inc.,[2] popularly known as the Lego Case, is a decision of the Supreme Court of Canada. The Court upheld the constitutionality of section 7(b) of the Trade-marks Act[3] which prohibits the use of confusing marks, as well, on a second issue it was held that the doctrine of functionality applied to unregistered trade-marks.
^SCC Case Information - Docket 29956 Supreme Court of Canada
^Kirkbi AG v. Ritvik Holdings Inc., 2005 SCC 65, [2005] 3 SCR 302 (17 November 2005)
^Trade-marks Act, R.S.C. 1985, c. T-13
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