Supreme Court Canada – TradeMarks – Geographical Use
One of the issues considered in the Canadian Supreme Court's decision on Masterpiece Inc. v. Alavida Lifestyles Inc., 2011 SCC 27, [2011] 2 S.C.R. 387 related to the non-overlapping geographical uses of the trade-marks in dispute. Both Masterpiece Inc. (Masterpiece) and Alavida Lifestyles Inc. (Alavida) were operators of retirement residences in different provinces of Canada. Alavida applied to register the trade-mark MASTERPIECE LIVING in Canada on the basis of the proposed use in 2005. The mark was registered in 2007 without...