Cooking Up Goodwill: How First Use Secured Trademark Rights in ASIALICIOUS

On April 14, 2026, the Federal Court (per Manson J) issued a detailed and instructive reminder that trademark rights in Canada can arise through use alone without registration. The Court reaffirmed that where goodwill and confusion are established, the courts will not hesitate to protect those rights. This decision is particularly significant when brands are publicly launched before formal trademark registration.