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When trade mark use is not infringement


Marketers often want to reference other people’s trade marks. But what are legitimate defences to infringement in these and other circumstances? Specialists in six countries discuss the law and recent cases

Canada Generally, a registration, if valid, is a defence to a challenge based on infringement and passing off. Should a plaintiff believe that a defendant's registration is improperly registered, it can sue for infringement, but must also simultaneously claim that the...


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