A trade-mark belonging to a client of mine was recently the subject of a section 45 proceeding. Section 45 of the Trade-Marks Act entitles any interested party to apply to the Trade-Marks Office of Canada to request evidence of a…
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The Supreme Court of Canada on May 26, 2011 released the decision of Masterpiece Inc. v. Alavida Lifestyles Inc. (2011 SCC 27) regarding the test for confusion between trade-marks. At issue was whether the Court should consider whether two marks…
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