Amicus Brief

Veuve Clicquot Ponsardin, Maison Fondee en 1772 v. Les Boutiques Cliquot Ltee

Published: January 1, 2005

Court

Supreme Court of Canada

Our Position

Under Canadian law, famous marks can be entitled to a broader scope of protection than lesser-known marks in the context of both likelihood of confusion and dilution. Also, depreciation of goodwill is a cause of action unique from likelihood of confusion.

Outcome

The Court held that the fame of a mark is an important consideration in a likelihood of confusion analysis. Referring to INTA’s brief a number of times, the Court pointed out that the Association’s participation helped bring “to the fore” the seldom-discussed depreciation of goodwill cause of action under Trade-marks Act Section 22.

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