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ARTICLE · 09 FEBRUARY 2024

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Lighting The Way: What Businesses Need To Know About Comparative Advertising

Taylor McCaffrey
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One of the most important cases to come out of 2023 in Canada examined a rarely litigated provision of Canada's Trademarks Act (the "Act"): section 22. In Energizer Brands...

CanadaIntellectual Property
Alex Lam
Alex Lam
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One of the most important cases to come out of 2023 in Canada examined a rarely litigated provision of Canada's Trademarks Act (the "Act"): section 22. In Energizer Brands, LLC v. Gillette Company, 2023 FC 804 ("Energizer Brands"), Canada's Federal Court (the "Court") clarified the scope and limits of comparative advertising for businesses wishing to make use of a competitor's registered trademark in the advertisement of its products. An issue the Court was tasked with resolving was whether the Defendant's use of the Plaintiff's registered trademarks in its advertising had the effect of depreciating the value of the goodwill attaching to those trademarks in contravention of section 22(1) of the Act.

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