Supreme Court Decision Clarifies Relationship Between Common Law and Registered Trade-mark Rights



Masterpiece Inc. and Alavida Lifestyles Inc. (“Alavida”) are both involved in the retirement residence industry.

Masterpiece Inc. claimed to have used unregistered trade-marks since 2001, all of which contained the word "masterpiece", and some of which contained the word "living". On December 1, 2005, Alavida applied to have the mark "Masterpiece Living" registered on the basis of proposed use...

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