The art of writing is the art of discovering what you believe.
Gustave Flaubert

Friday 10 June 2011

Statutory passing-off (Canada)

Section 7 of Canada's Trade-marks Act (R.S.C., 1985, c. T-13) provides for remedies against several forms of unfair competition. It says that no person may
(b) direct public attention to his wares, services or business in such a way as to cause or be likely to cause confusion in Canada, at the time he commenced so to direct attention to them, between his wares, services or business and the wares, services or business of another;
(c) pass off other wares or services as and for those ordered or requested;
While a common law action for passing off may also lie under Canadian law, statute helpfully clarifies the scope of the remedies of someone who lacks a registered trade mark and therefore cannot sue for infringement.

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