IP Update

Grey Marketing – Still Not Black and White in Canada

by Tomek Nishijima

The decision rendered by the Ontario Superior Court of Justice in Mars Canada Inc v Bemco Cash & Carry Inc highlights the uncertain state of the law in Canada concerning grey marketing. Notably, the decision leaves open the question as to whether a Canadian trademark holder is entitled to enforce its trademark rights to prevent sales in Canada by third parties of genuine products purchased abroad.

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The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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