Kirkbi AG v. Ritvik Holdings Inc.

Kirkbi AG v. Ritvik Holdings Inc.

"Kirkbi AG v. Ritvik Holdings Inc.", 2005 SCC 65 – popularly known as the Lego Case – is a decision of the Supreme Court of Canada. The Court upheld the constitutionality of section 7(b) of the Trade-marks Act which prohibits the use of confusing marks, as well, on a second issue it was held that the doctrine of functionality applied to unregistered trade-marks.

External links

*
* [http://reports.fja.gc.ca/fc/2004/pub/v2/2004fc32983.html Federal Court of Appeal ruling]
* [http://reports.fja.gc.ca/fc/2001/pub/v1/2001fc27658.html Federal Court of Canada ruling]
* [http://www.wptn.com/Mailing/Dec_01/details/Trademark/5.html summary at wptn.com]
* [http://www.macerajarzyna.com/pages/publications/LEGO-Blocked.pdf summary at macerajarzyna.com]
* [http://www.it-can.ca/blog/?p=11 summary at IT Canada blog]


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