Masterpiece Inc. v. Alavida Lifestyles Inc.

Court

Supreme Court of Canada

Our Position

The Court 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 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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