Posts Tagged ‘trade-mark’

A Masterpiece for Brand Owners – The Supreme Court of Canada makes it easier to enforce your trade-mark

May 26th, 2011

By Brian Edmonds, Beth Macdonald and Dan Glover*

On May 26, 2011 the Supreme Court of Canada released its decision in Masterpiece Inc. v. Alavida Lifestyles Inc., 2011 SCC 27. The Court reversed decisions by the Federal Court and Federal Court of Appeal, and painted a rosier picture for those who seek to protect trade-mark rights in Canada.

Masterpiece started using the trade-mark MASTERPIECE THE ART OF LIVING in Alberta in 2001.  It used the mark in association with retirement residences.  On December 1, 2005 Alavida filed an application to register the trade-mark MASTERPIECE LIVING for use, in brief, with retirement residences.  In the application Alavida indicated that it proposed to commence use of the mark in Canada in the future.  In 2006 it did in fact commenced using the mark in Ontario.