1. When trade mark use is not infringement.
- Author
-
Rowden, Cynthia, MacKendrick, Scott, Chatterton, Edward, Micallef, Sophie, Böhner, Pascal, Narula, Ranjan, Mallinson, Roland, and Bernstein, David H.
- Subjects
TRADEMARKS ,TRADEMARK laws ,ADVERTISING laws ,GOODWILL (Commerce) ,ECONOMIC competition laws - Abstract
The article discusses the exceptions allowed in Canada for comparative advertising purposes under the Trade-marks Act and Competition Act for portrayals that do not depreciate goodwill of marks. It takes note of the importance of obtaining advice from intellectual property counsel and cites the lack of provisions in the Trademark Law of China for usage of marks in parody. The protection of prior trademarks in France and application of the principle of exhaustion in Germany are also noted.
- Published
- 2015