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Trademark Ownership: The Legitimacy of the "Free-Rider" Argument and its Significance in Canadian Jurisprudence

Trademark Ownership: The Legitimacy of the "Free-Rider" Argument and its Significance in Canadian Jurisprudence

Vincent Doré is a JD/MBA Candidate at Osgoode Hall Law School and Schulich School of Business. Professors Mark A. Lemley and Mark P. McKenna have identified an area of American trademark law that has, in their opinion, received insufficient attention: the “free-rider” argument. This argument contends that trademark owners should be protected from parties that […]