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...
top of page
Blog
Search
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...
39 views0 comments
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...
252 views0 comments
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...
66 views0 comments
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...
95 views0 comments
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...
45 views0 comments
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...
56 views0 comments
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...
71 views0 comments
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...
34 views0 comments
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....
40 views0 comments
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...
28 views0 comments
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...
26 views0 comments
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....
96 views0 comments
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...
30 views0 comments
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...
28 views0 comments
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...
64 views0 comments
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...
24 views0 comments
johnmckeownblog
Jul 5, 202217 min read
Targeting & the part it plays in establishing jurisdiction in cases involving the use of trademarks
Internet Committee Report This article considers recent appellate decisions in the United Kingdom, the United States, and Canada to...
28 views0 comments
johnmckeownblog
Jul 4, 20222 min read
Social Media Influencers
Influencer marketing is very popular with brand owners in a social media context and grew significantly when the pandemic led performers...
42 views0 comments
johnmckeownblog
Jun 1, 20224 min read
Non-Compliance with the Trademarks Act Leads to an Unfavourable Result
A decision of the Federal Court illustrates the importance of proper trademark management in operating a business. The Plaintiff seems to...
46 views0 comments
bottom of page