THE ADVOCATE 797
VOL. 80 PART 5 SEPTEMBER 2022
Smithsonian’s National Zoo explains that the rhinoceros snake, which is
indigenous to northern Vietnam and southern China, is named for “the
scale-covered protuberance” (the function of which is unknown) “on the tip
of its snout”.
In New Balance Athletic Shoes, Inc. v. Matthews, 1992 CanLII 7013 (CA
TMOB), the board was critical of a market research survey which asked a
“leading” question: “What is the name of the company you associate with
that trade mark?” The board noted:
Where a trade-mark includes or comprises ordinary words, it seems
likely that a number of people would respond to that question by assuming
that the name of the associated company incorporates the words of
the trade-mark whether or not they have any knowledge of the actual
company that is associated with the mark. In other words, if consumers
were shown a card with the trade-mark RHINOCEROS on it and were
asked the survey question, a certain number would answer “Rhinoceros”
even though they had no knowledge of any specific associated company.
Thought du mois:
Love is like a Rhino, short-sighted, but always willing to find a way.
—François de La Rochefoucauld (1630–80), French author