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Masterpiece, an Alberta corporation, applied to register the trademark MASTERPIECE LIVING in relation to the retirement industry. The application was denied because Alavida, an Ontario
Masterpiece, an Alberta corporation, applied to register the trademark "MASTERPIECE LIVING" in relation to the retirement industry. The application was denied because Alavida, an Ontario company, had already been granted a registration for the same trademark for the same services. Masterpiece then applied to the Federal Court to expunge Alavida's trademark registration on the basis that Masterpiece had been using a confusingly similar trademark ("MASTERPIECE THE ART OF LIVING") prior to Alavida's application for trademark registration. Masterpiece failed at both the Federal Court and the Federal Court of Appeal but was successful at the Supreme Court of Canada. What is the relationship between registered trademarks and common law trademarks? What are the most important business lessons to be learned from this decision? Is Masterpiece entitled to register "MASTERPIECE" for retirement services? Explain
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