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The Euro-Excellence Case: Short-term Pain for Kraft, Long-term Gain for Brand Owners by John Koch
Blake, Cassels & Graydon LLP
Toronto Office
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September 9, 2008
Previously published on August 29, 2007
On July 26, 2007, the Supreme Court of Canada released its decision in an intriguing gray market goods case. The appeal in Kraft Canada Inc. et al. v. Euro-Excellence Inc. involved an attempt by two brand owners and their exclusive authorized Canadian distributor (all members of the Kraft family of companies) to prevent the importation and sale of gray market products by asserting copyright in the labels and logos on the packaging of the product. In a complex decision where the court delivered four separate sets of reasons, the defendant's appeal was rejected, but the holdings indicate that copyright may be a useful tool for preventing gray market goods in Canada.
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The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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