Do Not Be Overly Optimistic or Aggressive When Attempting to Obtain a Trademark Registration
A decision of the Federal Court illustrates important lessons concerning choosing a mark and trademark infringement.
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johnmckeownblog
Jun 4, 20212 min read
Protecting Your Business Against Criticisms and Gripe Sites In A Digital World (Part II)
Once it is decided that it is necessary to take steps, there are numerous possible courses of action. However, care needs to be taken...
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johnmckeownblog
May 17, 20213 min read
Breach of Confidence and the New Employer
A decision of the English Court of Appeal allowed a claim for breach of confidence against the “new” employer who obtained possession of...
49 views0 comments
johnmckeownblog
May 7, 20212 min read
Criticism or Gripe Sites
There have been a number of cases both in the courts and under the UDRP and CDRP involving parody sites or sites for critical commentary....
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johnmckeownblog
Apr 11, 20213 min read
The Importance of Obtaining a Trademark Registration
A decision of the Federal Court of Appeal, released on December 9, 2020, Group III International Ltd. v. Travelway Group International...
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johnmckeownblog
Apr 11, 20216 min read
Federal Court of Appeal Confirms that Trademark Services Should Be Liberally Construed
A recent decision of the Federal Court of Appeal [2020 FCA 134] has confirmed a trial decision [2018 FC 895] which considered the concept...
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johnmckeownblog
Apr 11, 20214 min read
Trademark Infringement Concerning an App
A recent decision of a Judge of the English High Court [2020] EWHC 713 provides a possible approach to the enforcement of trademark...
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johnmckeownblog
Apr 11, 20213 min read
Trademark Use by an Affiliate
A recent decision of the Federal Court of Appeal clarifies when the use of a trademark by an affiliate of the trademark owner accrues to...
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johnmckeownblog
Apr 11, 20212 min read
What is Cybersquatting and Cyberpiracy?
Cybersquatting Cybersquatting occurs when a third party registers a domain name consisting of, or similar to, a brand name to which they...
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johnmckeownblog
Apr 11, 20214 min read
Damages After Expungement
In November of 2017, we discussed a decision of the Federal Court of Appeal concerning a claim for trademark infringement. The Court...
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johnmckeownblog
Apr 7, 20214 min read
Marketplace Reality and Infringement
A recent decision of the Federal Court emphasizes the need for evidence of actual confusion in an action for infringement. The Facts...
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johnmckeownblog
Apr 7, 20213 min read
A Summary Procedure for Removing Deadwood from The Register
A recent decision of the Federal Court has confirmed a general approach concerning section 45 proceedings. The Facts The registrant owned...
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johnmckeownblog
Apr 7, 20214 min read
Attacking a Transfer of a Trademark
A recent decision of the Federal Court of Appeal raises interesting issues relating to the transfer of a trademark. The Facts In this...
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johnmckeownblog
Apr 7, 20213 min read
More Scandalous, Obscene or Immoral Trademarks
In January 2018 we discussed this bar to the registration of trademarks in Canada. The issue is in the press again as the result of a...
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johnmckeownblog
Apr 7, 20213 min read
Kawhi Leonard Faces Nike in Copyright Challenge
Recently the lawsuit commenced by Kawhi Leonard against Nike and Nike’s response has attracted significant attention. The dispute also...
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johnmckeownblog
Apr 7, 20214 min read
Trouble in Paradise
A recent decision of the Federal court relates to a dispute between family members concerning the use of their family name in association...
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johnmckeownblog
Apr 7, 20214 min read
Passing off and an Expunged Trademark Registration
A recent decision of the Federal Court relates to a claim for passing off and considers the effect of the expungement of the plaintiff’s...
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johnmckeownblog
Apr 6, 20214 min read
The Importance of Appropriate State of the Register Evidence
A recent decision of the Federal Court relates to an appeal from the Trademark Opposition Board which turned on the state of register...
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johnmckeownblog
Apr 4, 20212 min read
Dealing with the Sale of Counterfeits on the Internet
A lot of counterfeit activity takes place on the Internet which can be detrimental to your brand. Learn how to protect your business today.
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