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Focus on Intellectual Property - Supreme Court of Canada Rules Against BARBIE and VEUVE CLICQUOT
Author(s): Cooke, Peter
Date:  June 1 2006
On Friday, June 2, 2006 the Supreme Court of Canada released its long-awaited decisions in respect of the strength and scope of famous trade-marks.

The Supreme Court has provided a clear statement as to the purpose of trade-mark legislation.  While recognizing that many corporations now count famous brand names to be among their most valuable business assets, the Court has reaffirmed that the purpose of the Trade-marks Act is to act as a guarantee of origin, as well an assurance to the consumer of the quality associated with the mark.  Therefore, regardless of the commercial evolution of trade-marks, the protection granted to "famous" marks is assessed on the same principles that are applied to all trade-marks.

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