Barbie on trial!

Barbie doll trademark case will go to Supreme Court of Canada
at 16:10 on May 26, 2005, EST.

OTTAWA (CP) - The Supreme Court of Canada will hear the case of Barbie the doll vs Barbie the barbecue restaurant.

The high court ruled Thursday that it will hear an appeal by U.S. toymaker giant Mattel Inc., against two Federal Court decisions that allowed a Montreal restaurant owner to register the name "Barbie's" for his two restaurant-bars, which serve mainly barbecue dishes.

Mattel contends this will confuse people. The restaurant owner said the name makes people think of barbecue, not fashion dolls.

The toy company registered Barbie and Barbies for its dolls three decades ago in Canada. This case will look at whether the Trademark Act, which bars people from using similar names for doll-related products, also provides protection from people using the name for other goods and services.

The court said the case will be heard in October alongside a similar appeal involving the French champagne maker Veuve Cliquot Ponsardin and a women's clothing firm in Quebec that was allowed to register Cliquot as a trademark.