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johnmckeownblog
Jan 3, 20233 min read
Trademark Use – Goods
Last month we dealt with some of the basic rules about trademark use. This month we are dealing with the specific rules that apply to...
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johnmckeownblog
Dec 1, 20223 min read
More Rules for Trademark Use
This month we are continuing with the discussion concerning trademark use. We deal with additional requirements and the practical rules...
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johnmckeownblog
Nov 14, 20224 min read
Protecting the Lindt Bunny
The Facts Lindt & Sprüngli AG, (Lindt) manufactures and sells food and luxury goods, in particular chocolate items. Lindt owns two Swiss...
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johnmckeownblog
Nov 14, 20225 min read
Concurrent Jurisdiction for Patent Infringement Actions
The Facts Canadian Energy Services L.P. and Canadian Energy Services Inc. (collectively, Canadian Energy) are successors in interest to...
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johnmckeownblog
Nov 11, 20224 min read
What is Greenwashing?
Consumers are concerned about the environment and climate change. There is an increased demand for ‘green' products and services that are...
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johnmckeownblog
Nov 11, 20223 min read
What is a Palpable and Overriding Error?
A decision of the Federal Court deals with the standard of review applicable to an appeal from the Trademarks Opposition Board. Vivo...
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johnmckeownblog
Nov 2, 20222 min read
Trademarks Use
The trademark use is of fundamental importance in determining the rights of a trademark owner. The outline below shows how it works and...
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johnmckeownblog
Oct 11, 202215 min read
Recent Copyright Decisions - Summer 2022
In this blog entry we deal with copyright developments in the last few months A New Media Retransmitter In Videotron Ltd v. Konek...
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johnmckeownblog
Oct 4, 20222 min read
Acquisition of Rights under the Trademarks Act
Adoption The Trademarks Act contemplates that rights in a mark are acquired by adopting it. A trademark is deemed to have been adopted by...
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johnmckeownblog
Sep 22, 20224 min read
Use it or Lose it
A decision of the Federal Court illustrates how section 45 can impact a trademark owner. Vass v. Leef Inc. 2022 FC 1192 Section 45 The...
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johnmckeownblog
Sep 22, 20225 min read
Counterfeiters Beware!
A decision of the Federal Court deals with some interesting points concerning claims relating to the sale of counterfeit goods. Lululemon...
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johnmckeownblog
Sep 22, 20224 min read
How to Deal with a Suspect Ground of Opposition?
The Federal Court and the Trademarks Opposition Board have taken a non-technical approach to considering the scope of a ground of...
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johnmckeownblog
Sep 22, 20224 min read
Taking Unfair Advantage of the RED BULL Trademark
A decision of the UK High Court shows that a trademark owner can prevent a third party from taking unfair advantage of their trademark....
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johnmckeownblog
Sep 20, 20221 min read
Trademark Owners Must Consider What is Taking Place in the Marketplace!
Once it has been decided to seek a trademark registration a trademark owner needs to consider what is taking place in the marketplace to...
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johnmckeownblog
Aug 2, 20222 min read
Why Register Your Brand Name?
A brand owner must understand how the Canadian trademark system works so that it can be used to the maximum extent possible to protect...
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johnmckeownblog
Jul 22, 20225 min read
Applications Claiming Colour as a Trademark
A recent decision of the U.K. High Court of justice adds some clarity to the form of trademark applications claiming colour as a mark....
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johnmckeownblog
Jul 22, 20224 min read
Online Use in an App
A decision of the UK High Court of Justice raises interesting issues relating to the online use of a trademark in association with...
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johnmckeownblog
Jul 22, 20223 min read
Avoiding Genericism
The iconic shape of the GIBSON flying V electric guitar body has recently been considered by courts in the US and the European Union with...
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johnmckeownblog
Jul 22, 20225 min read
Decision of the Trademarks Opposition Board Confirmed on Appeal
The Federal Court has upheld the decision of the Trademarks Opposition Board (TMOB), confirming that the marks in issue were not...
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johnmckeownblog
Jul 11, 20222 min read
An Introduction to Protecting Brand Names under the Trademarks Act
The primary methods of protecting a brand name are by obtaining a registration under the Trademarks Act and by suing in the courts for...
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