1 April 2011Jurisdiction reportsVictoria Carrington

Significant trademark case law in 2010

After the Supreme Court of Canada’s ‘encouraging’ obiter comments in the 2006 Barbie and Veuve Cliquot cases, recognising the ability of the fame of a trademark to transcend its product and service line in certain circumstances, last year, both the courts and the board appeared reluctant to ‘push the envelope’ of the protection afforded to well-known or famous marks to broader categories of wares or services.

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