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Supreme Court of Canada Decision Safeguards Rights of Prior Trademark Owners - INTA

29-May-2011 | Source : AG-IP News | Visits : 7126

NEW YORK, NY - On May 26, the Supreme Court of Canada issued its decision in Masterpiece, Inc v. Alavida Lifestyles Inc. According to the International Trademark Association (INTA), the Court’s decision confirms that trademark rights acquired by use in only one area of the country are effective to prevent valid registration of a subsequent similar trademark even if the subsequent trademark is used in a different part of the country.

INTA appeared as Intervener in the case. “The Supreme Court’s decision accepts INTA’s position,” said Daniel R. Bereskin, who made the oral argument on behalf of INTA. Bereskin is Partner at Bereskin & Parr LLP. “The decision affirms that the Canadian trademarks regime is national in scope and upholds the plain language of the Trade-marks Act.”

The decision marks the second time in recent years that INTA’s participation has been referred to in a decision of the Supreme Court of Canada.  The previous case was Veuve Clicquot Ponsardin, Maison Fondee en 1772 v. Les Boutiques Cliquot Ltee, in which INTA's arguments to the Court led to a significant clarification of the law of dilution in Canada.

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