Masterfile's fight to protect its copyright

[SoylentGreen]

Masterfile's fight to protect its copyright

http://www.canlii.org/eliisa/highlight.do?text=masterfile&language=en&searchTitle=Canada+%28Federal%29&path=/en/ca/tmob/doc/2011/2011tmob85/2011tmob85.html

Decision rendered on 2011-05-26:

Disposition

[36]      Considering the above, and taking into account in particular the low inherent distinctiveness of the marks in issue, the opponent’s default in establishing a significant reputation for its mark (and trade-name) in Canada, the differences in the parties’ wares and services provided under their marks, and that the parties’ clientele are sophisticated customers who would not purchase in a hurried manner, I find that at all material times the applicant has shown on a balance of probabilities that there is no reasonable likelihood of confusion.

[37]      The opposition is therefore rejected. This decision has been made pursuant to a delegation of authority under s.63(3) of the Trade-marks Act.


S.G.

[Oscar Michelen]

What's important to see in that decision is that Masterfile earns about $21 Million annually from licensing its images but still lost in court to a start-up. Good to see that the little guy won out.

[Oscar Michelen]

I should add, just to be correct that it was its trademark (the name "Masterfile") it was trying to protect not its copyright. Thanks for sharing this SG!