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A motion for leave to intervene, on behalf on INTA, before the Supreme Court of Canada is granted

September 28, 2010

The Canadian members of the Sub-Committee of the International Trademark Association’s Amicus Curiae Sub-Committee (“INTA”) for the Asia-Pacific/Canada regions recently prepared a motion with supporting materials for leave to intervene on behalf of INTA before the Supreme Court of Canada in the case Masterpiece Inc. v. Alavida Lifestyles Inc. The results of the case could well have a significant impact on the ability of owners to continue to use their trade-marks or trade-names in the face of third party owners of confusingly similar trade-marks or trade-names which have been previously used in completely different geographical regions of the country. The court issued an order dated September 3, 2010 granting INTA’s motion. INTA will now be entitled to file and serve a factum in the proceedings, and possibly make oral submissions.

Ian MacPhee, head of our firm’s Intellectual Property Department, serves as Chairperson of this sub-committee. The purpose of the sub-committee is to locate court and tribunal decisions which have a significant impact on trade-mark law and rights in each of the member countries and to attempt to intervene in said proceedings where possible in order to provide the court with INTA’s views on the issues of concern being adjudicated.