Blog index
In this blog we deal with recent developments concerning trademarks, copyright and other laws that have a direct impact on branding and...
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johnmckeownblog
1 day ago2 min read
What is a Trademark Opposition?
This month we turn to a new topic. Introductory comments about trade oppositions follow. A trademark owner must vigilantly monitor the...
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johnmckeownblog
Nov 196 min read
Passing OFF by the Elements
A decision of the Ontario Supreme Court clarifies what is required to obtain an interlocutory injunction and shows the risks of not...
9 views0 comments
johnmckeownblog
Nov 195 min read
An Accounting of Profits for Passing Off
After a long and convoluted history of litigation between the parties, the Federal Court of Appeal granted an accounting of profits to...
11 views0 comments
johnmckeownblog
Nov 185 min read
Incidental and Ancillary Services
A decision of the Federal Court deals with the concept of incidental and ancillary services and the obligation to show use of a trademark...
11 views0 comments
johnmckeownblog
Nov 187 min read
Copyright Infringement relating to the Photographs of Vivian Maier
A decision of the Federal Court raises interesting issues relating to a claim for copyright infringement. The claim concerned photographs...
29 views0 comments
johnmckeownblog
Nov 45 min read
How to Determine When Trademarks are Confusing? – Part 7
The fifth circumstance to be considered in determining whether trademarks or trade names are confusing is the degree of resemblance...
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johnmckeownblog
Oct 12 min read
How to Determine When Trademarks are Confusing? – Part 6
We previously mentioned the statutory factors. Now is the time to deal with them in more detail. Nature of the Trade The fourth...
8 views0 comments
johnmckeownblog
Sep 174 min read
Application v. Action
Two decisions in the Federal Court illustrate the advantages and disadvantages of proceeding by way of application in the Federal Court....
13 views0 comments
johnmckeownblog
Sep 173 min read
The Summary Nature of Section 45 Proceedings
Another battle concerning trademark use in the context of section 45 proceedings has occurred. The respondent spared no effort in...
5 views0 comments
johnmckeownblog
Sep 164 min read
Get it in Writing!
A recent decision of the Federal Court illustrates the importance of having a clear understanding and a written agreement concerning who...
14 views0 comments
johnmckeownblog
Sep 126 min read
Common Law Trademark Rights
A decision of the Federal Court expunged the registration of a trademark under section 57 of the Trademarks Act based on the applicant’s...
23 views0 comments
johnmckeownblog
Sep 63 min read
How to Determine When Trademarks are Confusing? – Part 5
We previously mentioned the statutory factors. Now is the time to deal with them in more detail. Duration of Use The second factor to be...
19 views0 comments
johnmckeownblog
Aug 12 min read
How to Determine When Trademarks are Confusing? – Part 4
We previously mentioned the statutory factors. Now is the time to deal with them in more detail. Inherent Distinctiveness The first...
5 views0 comments
johnmckeownblog
Jul 2211 min read
Copyright decisions to date in 2024
In this blog entry we deal with copyright developments in the last few months. Too Early to Draw an Adverse Inference Voltage Holdings,...
21 views0 comments
johnmckeownblog
Jul 163 min read
The Importance of Being the First to Use a Trademark
A recent decision of the Federal Court illustrates the importance of being the first to use a trademark. F.I.A.L. Finanziaria Industrie...
16 views0 comments
johnmckeownblog
Jul 163 min read
The Consequences of Being the First Link in the Chain of Distribution
Patagonia, Inc. caused the Registrar to issue a notice under section 45 of the Trademarks Act, requiring the Labatt Brewing Company...
20 views0 comments
johnmckeownblog
Jul 153 min read
How to Use State of the Register Evidence
A decision of the Federal Court illustrates the impact of state of Register use in opposition proceedings. Mécanique de performance...
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johnmckeownblog
Jul 153 min read
How Not To Set Up a Start Up
Wanakome Inc. (Wanakome) is a Canadian corporation and Kemel Hadad (Hadad) was the controlling shareholder. Wanakome applied in...
19 views0 comments
johnmckeownblog
Jun 282 min read
How to Determine When Trademarks are Confusing? – Part 3
This month we are continuing to discuss the general approach to trademark confusion. We previously discussed the statutory factors set...
9 views0 comments
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