The Canadian Intellectual Property Review (CIPR) is a double-blind peer reviewed journal. It is sent to over 1,800 IPIC members at no cost and can be purchased by non-members for a fee. If you would like to browse the articles included in the CIPR, please consult our database below.
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Canadian Intellectual Property Review
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La confusion … à la québécoise
Issue: Volume 27 no 1
Author(s): Pascal Lepage and Alexandre Thibeault
Abstract:
The importance that is increasingly given to the problem of trademark confusion and the resulting complexity of the issue can sometimes be misleading. From this perspective, and following the Supreme Court’s most recent decision in the Masterpiece case, we paint a comprehensive picture of the legal mechanisms designed to prevent confusion between trademarks and trade names. After presenting a complete yet concise description of the federal provision under the Trademarks Act, we deal with the specific protection provided in Quebec. Further, we focus on analyzing and explaining the legal and regulatory framework at both the federal and provincial levels as well as on basic confusion-prevention concepts and the jurisprudential criteria used to interpret these ideas. We thus provide a comprehensive, in-depth, and accurate picture of the rules respecting the prevention of confusion between trademarks and trade names.
