Lower-cost products that are inspired by luxury or well-known branded products —often called “dupes”—have been a fixture in the consumer marketplace for decades. From store-brand pain relievers sold in similar packaging next...more
In 2023, the Federal Court of Canada released its decision in Energizer Brands, LLC and Energizer Canada Inc. v. Gillette Company (2023 FC 804). The decision clarifies some of the laws applicable to comparative advertising in...more
Section 22 of the Canadian Trademarks Act prohibits the use of a registered trademark “in a manner that is likely to have the effect of depreciating the value of the goodwill attaching thereto”....more
While comparative advertising can be an effective tool for comparing and contrasting competing brands, there are limits on what claims can lawfully be made. One such limit is provided by Section 22 of the Trademarks Act,...more
Comparative advertising can be a useful tool for marketers. It positions competing brands against each other and helps consumers make better choices. However, there are legal limits to comparative advertising which are set...more
There were many interesting trademark cases coming out of 2018, a few of which are discussed below. The scope of Canada’s anti-dilution remedy (section 22 of the Trademarks Act) is not limited to a defendant’s use of a...more
Section 22 of the Canadian Trademarks Act, depreciation of a registered trademark’s goodwill, is a potentially powerful yet generally under-utilized weapon for dealing with damaging comparative advertising campaigns. In the...more
NARB to Unilever: Comparison Ad Requires Scrubbing - Bath & Body Works owner: ‘Cross-platform body wash campaign stinks!’ The Reveal - It’s a sunny, happy commercial – a bit of a throwback to the “blind taste test”...more