Supreme Court of Canada - Decisions - Masterpiece Inc. v. Alavida Lifestyles Inc.
Significant Canadian decision relating to the test for trade-mark confusion (discrediting geography and luxury as factors), approving “use” as the fundamental requirement for a registered trade-mark (flying in the face of the Madrid system which is about to come to Canada), and casting doubt on the use of linguists and other expert witnesses in these types of disputes.
This is the first trademark case of the Supreme Court of Canada since Barbie and Veuve Cliquot came out in 2006.
