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NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

The imitation game

Thursday, March 10, 2016 @ 7:00 PM | By Michael Crinson and Thomas Kurys

In Home Hardware Stores Limited v. Benjamin Moore & Co., Limited [2015] FC 1344, an appeal of a decision of the Trademarks Opposition Board released at the end of 2015, Home Hardware argued the principle of “dressing up” a competitor’s trademark as a separate consideration in assessing confusion between the marks. Although an intriguing concept, and one that has initial appeal, it does not appear to exist under Canadian law.

Home Hardware had opposed two applications by Benjamin Moore for the trademark Benjamin Moore Natura in...