The BARBIE doll is said by the manufacturer, Mattel Inc. to be an iconic figure of pop culture.And so, within limits, it is.The sale of various BARBIE products annually exceeds $1.4 billion worldwide, representing 35 percent of the appellant's sales.The appellant advises that Canadian girls aged 3 to 11 years are given an average of two BARBIE dolls per year.Mattel was recently advised that a company is seeking to register trade-marks in connection with its small chain of Montreal suburban "Barbie's" restaurants. Mattel feels the use of the name (albeit in relation to different wares and services) would likely create confusion in the marketplace.On a casual acquaintance with both marks, it is contended, there is a likelihood that consumers would think that the doll people had something to do with a restaurant called "Barbie's".Or, as Mattel framed its point in a consumer survey by asking the following question "Do you believe that the company that makes Barbie dollsmighthaveanythingto do with the restaurant identified by this sign or logo?" (Emphasis added.)

The matter proceeds to Court. How do you think a court would rule on the issue and why?