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.