Canadian High Court Sides With Masterpiece In TM Fight

Law360, New York (May 27, 2011, 8:02 PM EDT) -- The Supreme Court of Canada ruled Thursday that a trademark obtained by Alavida Lifestyles Inc. should be expunged because a similar mark had been previously used by competing retirement residence company Masterpiece Inc.

Masterpiece unsuccessfully challenged Alavida's registration of the mark "Masterpiece Living" in Canada's Federal Court and Federal Court of Appeal before taking the fight to the Supreme Court, according to Thursday's unanimous decision.

Masterpiece argued that Alavida was not entitled to apply for registration of the mark, which Alavida did in December 2005, because...
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