Supreme Court Rules Against Overbroad Trademark Rights
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Friday June 02, 2006
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The Supreme Court of Canada continues to distinguish itself as the
leading high court in the world for recognizing the need for balance in
intellectual property law matters. The latest example is this
morning's pair of trademark decisions involving Mattel's Barbie trademark and champagne maker Veuve Cliquot.
In both cases, the trademark holder, arguing the fame of its brand,
sought to stop small businesses from using the names in unrelated
commercial activities (a Barbie restaurant and Cliquot line of clothing
stores). The court ruled against the "famous" trademark holder in both
cases, affirming the limits of trademark law that prevent rights
holders from claiming a total monopoly for all good and services in
their name given that there was limited likelihood of consumer
confusion. The judgments, both written by Justice Binnie, again
demonstrate that the court values both the importance of IP protection
and the need for limits to such protection.
barbie, binnie, cliquot, intellectual property, supreme court of canada, trademark Slashdot, Digg, Del.icio.us, Newsfeeder, Reddit, StumbleUpon, TwitterEmailPrintPDFFriday June 02, 2006
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