The Trademark Reporter®
Global Trademark Resources

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.
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.
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