Masterpiece v. Alavida Lifestyles Inc.

The Supreme Court granted Masterpiece’s application for leave to appeal a decision of the Federal Court of Appeal refusing to expunge Alavida’s trade-mark. The Supreme Court’s summary of the case indicates that the appeal will likely relate to the test for confusion in relation to geographic areas and aspects of “get-up”.

The expungement application alleged that the trade-mark was confusing and therefore unregistrable at the date of registration. The hearing Judge found that Masterpiece had not established a likelihood of confusion between its trade-name and the marks in question.

The Court of Appeal upheld the decision, finding that Masterpiece had not established that the hearing Judge incorrectly interpreted the Trade-marks Act, or that his analytical approach was flawed. Furthermore, there was no palpable or overriding error in the consideration of the evidence.