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Lawyers react to Canada Supreme Court decision

Karen Bolipata, New York

Canadian lawyers expressed relief following the Supreme Court’s decision in Masterpiece v Alavida Lifestyles, which they said could have jeopardised long-held trade mark principles

In a unanimous decision last week, the Supreme Court refuted the Federal Court of Appeal’s assertion that use of a trade mark in one geographical location does not guarantee national trade mark protection.

"I think it was a relief to a lot of people in the trade mark community," said Jean-Philippe Mikus of Fasken Martineau Dumoulin. "This decision clarified that if a mark is used in one region, this use can be relied upon to block...

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