The Supreme Court of Canada (SCC) released its latest trademark decision on May 26, 2011 in the case of Masterpiece Inc v Alavida Lifestyles Inc.
The Supreme Court of Canada (SCC) released its latest trademark decision on May 26, 2011 in the case of Masterpiece Inc v Alavida Lifestyles Inc.
The judgment, which reversed the somewhat troubling decisions of the Federal Court and Federal Court of Appeal, has been generally well received by trademark practitioners and trademark owners alike as reinforcing the principle that the first person to adopt a trademark anywhere in Canada, whether by filing an application or using it, will enjoy superior rights to enforce against subsequent use of a confusing mark.
At issue was the adoption and use by Alavida, a company operating in the retirement residence industry, of the trademark ‘Masterpiece Living’. Alavida applied for its mark in 2005, based on proposed use, and soon began using its mark in Ontario, before it registered it in 2007. Masterpiece, which operated in the same industry, had been using trademarks containing the word ‘Masterpiece’ in Alberta since 2001.
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Masterpiece, Alavida, geographical separation, similar trademarks
