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Fair Dealing for the Purpose of News Reporting

johnmckeownblog

May 30, 20225 min read

Fair Dealing for the Purpose of News Reporting

In HRH The Duchess of Sussex v. Associated Newspapers Limited [2021] EWHC 723 (UK Ch.), the appeal dismissed [2021] EWCA Civ 1801 (UKCA),...

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johnmckeownblog

Mar 14, 20224 min read

A Questionable Choice of a Mark

A decision of the Federal Court raises issues concerning the Applicant’s choice of its primary trademark. Blyth Cowbells Brewing Inc. v....

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johnmckeownblog

Mar 10, 20225 min read

A Difficult Product Launch

A recent decision of the English High Court of Justice illustrates the broader scope of protection typically given to a trademark that...

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The Impact of a Previous Decision of the TMOB in an Action for Statutory Passing Off

johnmckeownblog

Mar 10, 20225 min read

The Impact of a Previous Decision of the TMOB in an Action for Statutory Passing Off

A recent decision of the Federal Court deals with a statutory claim for passing off and the effect of a prior decision of the Trademark...

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johnmckeownblog

Jan 31, 202216 min read

Notable Copyright Decisions in 2021

Notable Copyright Decisions in 2021 It has been a busy year for copyright law. The Supreme Court of Canada has released one decision...

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TikTok Sued Concerning Inappropriate Use of a Voice

johnmckeownblog

Jul 19, 20214 min read

TikTok Sued Concerning Inappropriate Use of a Voice

A recent lawsuit filed against TikTok in the United States raises interesting issues concerning the rights of individuals providing...

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johnmckeownblog

Jul 19, 20215 min read

How to Prove Bad Faith

A recent decision of the English High Court provides additional insight into the meaning of “bad faith" in a trademark context and the...

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Do Not Be Overly Optimistic or Aggressive When Attempting to Obtain a Trademark Registration

johnmckeownblog

Jul 19, 20215 min read

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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The Trials and Tribulations of Weak Trademarks

johnmckeownblog

May 17, 20214 min read

The Trials and Tribulations of Weak Trademarks

A recent decision of the Federal Court dealt with entitlement to the trademark SMART CLOUD and its lack of inherent distinctiveness....

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Who Owns Copyright in the Works Created by Employees?

johnmckeownblog

May 17, 20213 min read

Who Owns Copyright in the Works Created by Employees?

The decision of the English High Court of Justice raises some interesting issues concerning the ownership of copyright works created by...

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The Difficulties with Descriptive Trademarks

johnmckeownblog

May 17, 20214 min read

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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Breach of Confidence and the New Employer

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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Dealing with the Sale of Counterfeits on the Internet

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...

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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...

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An Opponent Needs to Carefully Consider the Evidence to be filed with the Trademark Opposition Board

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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The Importance of Obtaining a Trademark Registration

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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Federal Court of Appeal Confirms that Trademark Services Should Be Liberally Construed

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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