Lawyers react to Canada Supreme Court decision
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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