ARTICLE · 23 DECEMBER 2021

Comparative Advertising And Section 22 Of The Trademarks Act

Goldman Sloan Nash & Haber LLP

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A recent decision of the Quebec Court of Appeal illustrates the rather unexpected ways that the Trademarks Actcan apply to comparative advertising.

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A recent decision of the Quebec Court of Appeal illustrates the rather unexpected ways that the Trademarks Actcan apply to comparative advertising. Constellation Brands US Operations Inc. c. Société de vin internationale ltée, 2021 QCCA 1664.

The Facts

Constellation Brands US Operations Inc ("Constellation") is a division of Constellation Brands, a company based in the United States that produces, sells, and markets alcoholic beverages around the world. Its wines are available for purchase in Quebec, including in Société des alcohols du Québec ("SAQ") retail stores and in grocery stores. Constellation holds approximately 60% of the market share for wine in Quebec's grocery sector.

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