The Supreme Court of Canada continues to distinguish itself as the leading high court in the world for recognizing the need for balance in intellectual property law matters. The latest example is this morning’s pair of trademark decisions involving Mattel’s Barbie trademark and champagne maker Veuve Cliquot. In both cases, the trademark holder, arguing the fame of its brand, sought to stop small businesses from using the names in unrelated commercial activities (a Barbie restaurant and Cliquot line of clothing stores). The court ruled against the "famous" trademark holder in both cases, affirming the limits of trademark law that prevent rights holders from claiming a total monopoly for all good and services in their name given that there was limited likelihood of consumer confusion. The judgments, both written by Justice Binnie, again demonstrate that the court values both the importance of IP protection and the need for limits to such protection.
Supreme Court Rules Against Overbroad Trademark Rights
June 2, 2006
Share this post

Law Bytes
Episode 257: Lisa Given on What Canada Can Learn From Australia’s Youth Social Media Ban
byMichael Geist

February 9, 2026
Michael Geist
Episode 256: Jennifer Quaid on Taking On Big Tech With the Competition Act's Private Right of Access
February 2, 2026
Michael Geist
The Law Bytes Podcast, Episode 255: Grappling with Grok – Heidi Tworek on the Limits of Canadian Law
January 26, 2026
Michael Geist
December 22, 2025
Michael Geist
December 8, 2025
Michael Geist
Search Results placeholder
Recent Posts
The Law Bytes Podcast, Episode 257: Lisa Given on What Canada Can Learn From Australia’s Youth Social Media Ban
Court Ordered Social Media Site Blocking Coming to Canada?: Trojan Horse Online Harms Bill Clears Senate Committee Review
An Illusion of Consensus: What the Government Isn’t Saying About the Results of its AI Consultation
The Law Bytes Podcast, Episode 256: Jennifer Quaid on Taking On Big Tech With the Competition Act’s Private Right of Access
Government Says There Are No Plans for National Digital ID To Access Services
