The Difficulties with Descriptive Trademarks
A decision of the Federal Court illustrates the potential problems that can arise relating to the use of descriptive trademarks...
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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...
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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 12, 20212 min read
Dealing with the Sale of Counterfeits on the Internet
The sale of counterfeit goods is a significant worldwide issue. After initial studies carried out by the Organization for Economic...
64 views0 comments
johnmckeownblog
Apr 11, 20214 min read
Honest Concurrent Use
The plaintiff (“Bentley Clothing”) is the owner and exclusive licensee of three trademarks consisting of the word BENTLEY registered for...
9 views0 comments
johnmckeownblog
Apr 11, 20214 min read
An Opponent Needs to Carefully Consider the Evidence to be filed with the Trademark Opposition Board
It can be difficult to determine what evidence to file to support the opposition. At an early stage, the issues may be difficult to...
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johnmckeownblog
Apr 11, 20217 min read
Notable Trademark Decisions in 2020
2020 has been a difficult year for trademark owners and their advisors. The pandemic has tested us all in profound and unexpected ways....
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johnmckeownblog
Apr 11, 20215 min read
Protecting Fashion Goods in Canada
A decision of the English High Court, [2020] EWHC 3032 recently released, shows how protection can be obtained for fashion goods....
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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, 20214 min read
Licensing Trademarks
A decision of the British Columbia Court of Appeal [2020] BCCA 323 raises concerns regarding trademark licensing. Basic Requirements To...
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johnmckeownblog
Apr 11, 20214 min read
Misuse of confidential Information and More
A decision of the UK Court of Appeal, [2020] EWCA Civ 1300 released in October clarifies the rights relating to breach of confidence and...
9 views0 comments
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
Obtaining Trademark Registrations for Domain Names
A recent decision of the US Supreme Court has attracted significant publicity. In the decision, the court disagreed with the USPTO and...
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johnmckeownblog
Apr 11, 20214 min read
What is Deviating Trademark Use?
A recent decision of the Federal Court deals with section 45 proceedings and whether the use of a variant of the registered trademark by...
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johnmckeownblog
Apr 11, 20213 min read
Computer Games and Cheat Software
A recent decision of the High Court of Justice in the United Kingdom considered the use of cheat software for the video game called Grand...
43 views0 comments
johnmckeownblog
Apr 11, 20216 min read
The Naked Truth about Appeals from the Trademark Opposition Board
The Supreme Court of Canada has recently changed the standard of review concerning appeals from the decisions of administrative bodies....
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johnmckeownblog
Apr 11, 20213 min read
A Charming Story – Passing Off to the Rescue!
A recent decision of the UK Court of Appeal raises some interesting issues concerning trademark infringement and passing off relating to...
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