What is the current state of the law in Japan on passing off a trade-mark as a separate product?
Canada (Federal), Canada
The following excerpt is from Positive Attitude Safety System Inc. v. Albian Sands Energy Inc., 2004 FC 1022 (CanLII):
As was decided in Kabushiki Kaisha Edwin v. SDB Design Group Inc (1986), 9 CPR (3d) 465 (FCTD), it is not essential to register in order to acquire rights in a trade-mark so as to preclude others from using the same or a confusing trade-mark. A person who uses a mark, regardless of registration, has the right to prevent the subsequent use of a confusing trade-mark by another but only in the same trading area. c) Law and jurisprudence on passing off
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