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ARTICLE · 02 FEBRUARY 2023

2022 Year In Review: Key Trademark Cases In Canada

Smart & Biggar
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Throughout 2022, the Federal Court continued to provide guidance to Canadian trademark practitioners in several noteworthy decisions. The following represents a summary of our "top picks".

CanadaIntellectual Property
Smart & Biggar
Smart & Biggar
Mark Robbins
Mark Robbins
Meghan Dillon
Meghan Dillon
R. Scott MacKendrick
R. Scott MacKendrick
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Throughout 2022, the Federal Court continued to provide guidance to Canadian trademark practitioners in several noteworthy decisions. The following represents a summary of our "top picks".

Food For Thought: Federal Court Reinforces Value of Registered Trademark Rights

The February 2022 decision of the Federal Court in 1196278 Ontario Inc. dba SASSAFRAZ v 815470 Ontario Ltd. dba SASSAFRAS COASTAL KITCHEN, 2022 FC 116 reinforces the value of owning a registered trademark as opposed to relying on unregistered or common law trademark rights.

The Applicant has operated a restaurant under the name SASSAFRAZ in the Yorkville area of Toronto, Ontario since 1997. The evidence established that the restaurant had become a well-known local landmark and a popular "fine dining" destination, serving "contemporary French-inspired Canadian cuisine". In June 2011, the Applicant acquired a registration for the trademark SASSFRAZ covering catering, restaurant, and bar services,

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