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"Famous" Trademarks
Author(s): Cooke, Peter
Date: September 1 2006

On June 2, 2006 the Supreme Court of Canada released its long-awaited decisions regarding famous trademarks. One case involved the use of the trade-marks "Barbie", and the other the use of the trademarks "Clicquot."

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

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