Cosmetic Warrior: When Is A Trademark Used In The “Normal Course Of Trade” And Who Gets To Decide That Question?

Cosmetic Warrior: When Is A Trademark Used In The “Normal Course Of Trade” And Who Gets To Decide That Question?

A recent decision by the Federal Court of Appeal (“FCA”) clarifies two issues of interest to marketers and trademark professionals alike. The first issue relates to the definition of “use” of a …