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SCC Decision: July 26, 2007
Thu, 2007-07-26 10:10 — Andrew Pilliar
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Research articles :
Euro-Excellence Inc. v. Kraft Canada Inc., 2007 SCC 37
Click here to link to the full judgment.
(Intellectual property / Copyright / Secondary infringement)
KCI is the exclusive Canadian distributor of chocolate bars made by Kraft in Belgium and Switzerland. To prevent EEI from importing and selling those chocolate bars in Canada, the Belgian and Swiss companies registered their logos in Canada, and KCI brought an action against EEI, alleging secondary infringement of copyright. The Court held that KCI could not use the Copyright Act to prevent EEI from importing genuine chocolate bars into Canada, though the reasons for this result differed widely.
Plurality/Concurring/Concurring/Dissent: 3/3/1/2
