This case is an application for an order striking out the Respondent's trade-mark. The Applicant's trade-mark is GEOWEB for use in association with webbing sheets for building roads and the Respondent's trade-mark is NEOWEB for use in association with the same sort of wares. The Court dismissed the Application.
The Court considered the evidence and held that a case can not be made out that a consumer in the market for GEOWEB's wares would think that NEOWEB's wares come from the same source. The Court held that the trade-marks were distinctive and would not likely lead to the inference that their products are manufactured or sold by the same person. The Court further held it was not the use of the trade-mark NEOWEB that might cause confusion but rather the advertising associated therewith and the remedy for that was not striking out the trade-mark pursuant to the Trade-marks Act. Thus, the Application was dismissed.