Supreme Court of Canada Releases Much Anticipated Trade-Mark Decision

摘要

The Supreme Court of Canada released on May 26 its decision in Masterpiece Inc v. Alavida Lifestyles Inc, and in so doing has clarified important legal principles concerning the interrelationship in Canada between common law trade-mark rights and those rights which flow from registration. Prior to this decision, very little jurisprudence had dealt with the differences, overlaps and interrelationships between rights flowing from registration and those existing at common law through use.