Global Trademark Resources Print Page Page Image Current IssueArticle ArchiveTMR Search July-August, 2011 Vol. 101 No. 4 Back to TMR Main Page Amicus Brief of the International Trademark Association in Masterpiece Inc. v. Alavida Lifestyles Inc. By Mr. Daniel R. Bereskin, Q.C., and Mr. Mark L. Robbins, Counsel for the Intervener, INTA INTA Position: The Supreme Court of Canada should clarify that the fact that two parties' marks were not used in the same geographical area on the date the junior user applied to register its mark is not relevant to the determination of likelihood of confusion between the marks. Outcome: The Supreme Court, noting INTA's participation as an intervener, held that geographical separation in the use of otherwise confusingly similar trademarks does not play a role in the determination of likelihood of confusion. The Trademark Reporter is available to INTA members only. Please go to Member Login at the top of this screen to access the full article.