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Tutorials concerning the OpenGL® ES cross-platform API for full-function 2D and 3D graphics on the Google-Android platform.

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Postby alisa901015 » Fri Oct 25, 2013 11:00 am

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of the Marlboro s Red Roof Label with respect to ITL s 1996, 2001 and 2007 cigarette packages, which are all reproduced at paragraph 309 and in Annex C of the trial judge s reasons (Reas.Cheap Marlboro Cigarettesons).
Most of the unique facts of this case are not disputed. They are described in detail in the Reasons

, notably at paragraphs 8 to 65.
Suffice it to s.ay here that the parties have a long history with respect to the use of the trade-mark MARLBORO in Canada, which was sold by a predecessor in title of PM to a predecessor in title of IT.Cheap Marlboro CigarettesL around 1930 and was then registered in Canada in 1932 u

nder no. TMDA 55,988. It has since then been continuou.Cheap Marlboro Cigarettessly used in Canada by ITL and its predecessors in title in association with cigarettes.

Since the late 1950 s, P.M has made various attempts to reacquire the MARLBORO trade-mark in Canada and put an end to ITL s use of it. That said, on the one hand, it unsuccessfully initiated discussions to excha.[url="http://www.cigs-mall.com" title="Cheap Newport Cigarettes"]Cheap Newport Cigarettes[/url] nge it for one of its other marks or to buy it (from the scant evidence pro

duced, it .[url="http://www.cheapnewportcigarettesoutlets.com" title="Cheap Newport Cigarettes"]Cheap Newport Cigarettes[/url] is unclear what exactly was offered). On the other hand, in 1981, it.[url="http://www.cheapusacigarettes.com" title="Newport Cigarettes Wholesale"]Newport Cigarettes Wholesale[/url] tried to register its Marlboro Red Roof Label and challenge the validity.[url="http://www.salebestcigarettes.com" title="Cheap Marlboro Cigarettes"]Cheap Marlboro Cigarettes[/url] of ITL s registration (TMDA 55,988) by institut

ing a proceeding under sec.[url="http://www.cheapusacigarettes.com" title="Cheap Newport Cigarettes Wholesale"]Cheap Newport Cigarettes Wholesale[/url]tion 45 of the Trade-marks Act, R.S.C. T-10 (the Act ) befor.[url="http://www.salebestcigarettes.com" title="Marlboro Cigarettes Wholesale"]Marlboro Cigarettes Wholesale[/url]e the Registrar of Trade-Marks. It also filed an action before the Fede.ral Court to strike ITL s MARLBORO mark from the Registry on the basis that it lacked distinctiveness because of the fame of its own Marlboro marks registered in the United States and ar.ound the world, which fame was acquired decades after its predecessors in title assigned the MARLBORO mark to ITL s predecessors in title in Canada. These efforts were also unsuccessful. .



In 1987, in Philip Morris Inc. v. Imperial Tobacco Ltd. (1987), 17 C.P.R. (3d) 289,. 81 N.R. 28 (C.A.), leave to appeal to S.C.C. refused, 20674 (December 17, 1987) [Philip Morris (1987)], this Court finally dismissed PM s contestation, stating that even if the owner of a trade-mark (a famous one in particular) registered outside of Canada had been given special rights by the Canadian legislator under the Act (such as the right to oppose the registration of a mark made known by it pursuant to section 5 of the Act and the right to register certain marks pursuan

t to section 17), the distinctiveness of a mark registered in Canada by a legitimate assignee such as ITL could not be affected by the unilateral actions (such as spill-over American advertising) of the assignor who does not use the mark in Canada.

[9] Between 1958 (date of the first registration of a ROOFTOP design mark by PM in Canada) and 2006 (date of the l

atest version of the ROOFTOP design mark registered by PM), PM never used its ROOFTOP design marks in Canada in association with an American blend cigarette. Ca

nada being a special market where consumers up until now generally preferred the so-called Vir
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