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Articles Published by Andrews Robichaud


Supreme Court of Canada Rulings Expose Famous Trade-mark Owners to Loss of Protection in Canada

The fame of a trade-mark will not prevent its use by third parties for different wares and services, the Supreme Court of Canada has now ruled. In two separate decisions released on June 2, 2006, Canada's highest court denied the appeals brought by the owners of the world famous Barbie and Veuve Clicquot trade-marks[1].

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Registration of Corporate or Business Names is No Defence in Trademark Infringement Claims

Despite requirements of businesses (either corporations, sole-proprietorships or partnerships) to register their business names with the relevant provincial or federal authorities, such registration, although legally required to carry on business, will offer no protection against trade-mark infringement allegations that could arise should the business name chosen be confusing with an existing trade-mark.

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