Daniel Bereskin authored an article “Clairol Revisited: Trademark Rights v. Freedom of Expression and Competition in Canada”
Daniel Bereskin authored the article "Clairol Revisited: Trademark Rights v. Freedom of Expression and Competition in Canada", published in the September-October 2020 issue of The Trademark Reporter.
Section 22 of the Canadian Trademarks Act proscribes unauthorized use of a registered trademark in a manner that is likely to have the effect of depreciating the value of the goodwill attaching thereto. Likelihood of confusion is not relevant, although proof of such likelihood may assist a plaintiff in proving violation of Section 22. The use of registered trademarks for comparative purposes on goods or their packaging or for the advertising of services has been enjoined for reasons that make little or no commercial sense today. On occasion, the public’s rights of freedom of expression and competition have been impaired. After more than six decades of jurisprudence, the limits of Section 22 are unclear.
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This article was first published in the September-October 2020 issue of The Trademark Reporter by the International Trademark Asssociation (INTA).