International Stars S.A. v. Simon Chang Design Inc., 2013 FC 1041

Simon Chang applied for registration of the trade-mark ZENERGY BY/POUR SIMON CHANG & Design (the Mark) in association with certain sports clothing. International Stars unsuccessfully opposed the registration on the basis of evidence that it had used the trade-mark ENERGIE for similar wares. On appeal, the Federal Court reversed the earlier decision, finding that the Registrar performed a side-by-side comparison and not one of first impression in the mind of a casual consumer. The Court found that casual consumer would be confused and therefore directed the Registrar to refuse the application.