top of page
Blog
Search
johnmckeownblog
Jan 31, 20243 min read
The Deferential Nature of The Palpable and Overriding Error Standard Revisited
The Facts The Applicant filed a trademark application to register the mark TRIBAL CHOCOLATE, for use in association hair care...
41 views0 comments
johnmckeownblog
Jan 8, 20242 min read
When is a Trademark Registration Invalid?
Section 18 of the Trademarks Act provides that the registration of the trademark is invalid if: a) the trademark was not registrable at...
25 views0 comments
johnmckeownblog
Dec 5, 20232 min read
How to Use a Trademark Notice
Using a trademark notice is permissive but prudent. A brand owner should use the notification™ or the French equivalent MC to identify...
23 views0 comments
johnmckeownblog
Nov 22, 20234 min read
DIEGO MARADONA and An Ineffective Trademark Assignment
A battle for control of the trademark DIEGO MARADONA has been shaping up. Maradona was a famous soccer player. In July of 2001 he applied...
28 views0 comments
johnmckeownblog
Nov 21, 20234 min read
A Polo Club in a Crowded Market
A recent decision of the UK High Court of Justice deals with the scope of protection to be given to a registered trademark used in a...
23 views0 comments
johnmckeownblog
Nov 21, 20234 min read
The Same Old Song
2572495 Ontario Inc., carrying on business as Vacuum Parts Canada (VPC), sought an interlocutory injunction to stop the defendants from...
35 views0 comments
johnmckeownblog
Nov 21, 20235 min read
What is Authorizing Copyright Infringement?
The Federal Court of Appeal has made it more difficult to assert rights against defendants alleged to have made copies of the films...
24 views0 comments
johnmckeownblog
Nov 14, 20237 min read
Copyright decisions fall 2023
In this blog entry we deal with copyright developments in the last few months. The Online Streaming Act. The Government (Department of...
16 views0 comments
johnmckeownblog
Oct 31, 20232 min read
Effect of Registration
Subject to the right to descriptive use under section 20 of the Trademarks Act and other more limited restrictions, the registration of a...
16 views0 comments
johnmckeownblog
Oct 3, 20232 min read
Registration of a Trademark
This month we are discussing the process for obtaining a registration and problems with the system. Under the current Trademarks Act when...
18 views0 comments
johnmckeownblog
Sep 15, 20234 min read
“Bad Faith” as a Ground of Opposition
A decision of the Federal Court has dismissed an appeal from a decision of the Trademark Opposition Broad. (Spirit Bear Coffee Company...
113 views0 comments
johnmckeownblog
Sep 15, 20233 min read
When Can a Mark be Protected as a Geographical Indication?
A decision of the General Court of the European Union raises some interesting considerations concerning protecting a geographical...
52 views0 comments
johnmckeownblog
Sep 15, 20234 min read
Protecting the Bitcoin File Format
A decision of the UK Court of Appeal has found that copyright likely subsists in the Bitcoin File Format and provides a detailed summary...
27 views0 comments
johnmckeownblog
Sep 13, 20234 min read
15% or 20% longer Lasting
A recent decision of the Federal Court provides a detailed review of alleged comparative advertising. Energizer Brands, LLC v. Gillette...
49 views0 comments
johnmckeownblog
Sep 6, 20234 min read
Territorial Extension under the Madrid Protocol to Canada
In our previous blog Madrid Protocal Applications we discussed applications for an International Registration where the Canadian...
19 views0 comments
johnmckeownblog
Aug 4, 20233 min read
Recent Copyright Developments - summer 2023
In this blog entry we deal with copyright developments in the last few months The Ontario Court of Appeal has refused to extend the right...
73 views0 comments
johnmckeownblog
Aug 2, 20233 min read
Madrid Protocol Applications
The Madrid System is a solution for registering and managing trademarks on a worldwide basis. A single international trademark...
47 views0 comments
johnmckeownblog
Jul 17, 20234 min read
No More Worldwide Trademarks
A decision of the Supreme Court of the United States has concluded that a plaintiff must show use in commerce in the United States of the...
305 views0 comments
johnmckeownblog
Jul 14, 20234 min read
The Opponent’s Onus
Ebox Inc. (the Applicant) applied for the trademark EBOX TV (the Mark) based on proposed use in Canada in association with services...
30 views0 comments
johnmckeownblog
Jul 13, 20233 min read
Trademark Infringement and Freedom of Expression
A recent decision of the Supreme Court of the United States has considered the balance between the rights of a trademark owner and the...
155 views0 comments
bottom of page