The Applicants, Times Group Corporation and Times Developments
Inc. (Times), operate in property development and management in the
Greater Toronto Area. Times uses the trade names "Times Group
Corporation" and "Time Developments Inc." and has a
registered trade-mark for "Times Group Corporation". The
respondents, Time Development Group Inc. and Time Development Inc.
(TDG) operates in the same industry and geographical area. TDG uses
the trade name "Time Development Group". Times sought a
declaration that TDG infringed its mark and an order that TDG cease
doing so.
The central issue was whether
TDG's use of "Time Development Group" was likely to
lead to confusion. The test for confusion is to consider the first
impression of the somewhat hurried, casual consumer who has an
imperfect recollection of the marks or names in issue. One then
asks whether that hypothetical person would, without giving the
matter detailed consideration, likely think that the goods
associated
