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johnmckeownblog
Apr 11, 20214 min read
How to Prove that a Mark is Distinctive
A recent decision of the Federal Court considers a ground of opposition based on lack of distinctiveness and reviews what evidence is...
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johnmckeownblog
Apr 11, 20214 min read
Damages After Expungement
In November of 2017, we discussed a decision of the Federal Court of Appeal concerning a claim for trademark infringement. The Court...
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johnmckeownblog
Apr 7, 20213 min read
Death by a Thousand Cuts
A recent decision of the Federal Court expunged the registration of a trademark on the grounds the mark was not distinctive at the time...
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johnmckeownblog
Apr 7, 20213 min read
The Application of the Reasonableness Standard
A recent decision of a judge of the Federal Court allowed an appeal from a decision of the Hearing Officer of the Trademark Opposition...
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johnmckeownblog
Apr 7, 20213 min read
When is Online Use of a Mark Trademark Use?
A recent decision of the Federal Court helps to clarify what needs to be shown to establish trademark use in an online context. The Facts...
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johnmckeownblog
Apr 7, 20214 min read
Interim Injunction Granted
A judge of the Federal Court recently granted an interim injunction in a case involving patent infringement. This is very unusual. An...
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