When do free samples constitute use?
In Estée Lauder Cosmetics Ltd v Loveless, the Federal Court of Canada considered the issue of when, and to what extent, the provision of sample goods (as opposed to the actual sale of goods) constitutes use of a trademark in association with those goods. The case resulted from an appeal against a decision by the registrar of trademarks in a summary cancellation proceeding to expunge a registration owned by Estée Lauder for the ENLIGHTEN mark, for use in association with “face makeup”.
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