Does the respondent have to be a "public authority" under the Public Prosecutions Act?
Canada (Federal), Canada
The following excerpt is from Techniquip Limited v. Canadian Olympic Association, 1998 CanLII 7573 (FC):
It is not contested that the respondent is a "public authority" under the Act. This was confirmed in Registrar of Trade-marks v. Canadian Olympic Association2.
The decision in The Queen v. Kruger3 set the standard test applicable under section 9(1)(n)(iii) of the Act. While comparing different sections of the Act, the Registrar concluded that protection under that particular section was in some respects broader than the confusion test, but in other respects, its resemblance test was narrower than the confusion test provided by section 6.
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