The Importance of the Use of Colour in a Trademark
A decision of the English High Court of Justice raises some interesting trademark and branding issues. Lidl Great Britain Ltd v Tesco...
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johnmckeownblog
- May 11
- 4 min
A Palpable and Overriding Error Must be Shown to Successfully Appeal From an Examiners Refusal
A Palpable and Overriding Error Must be Shown to Successfully Appeal From an Examiner's Refusal Tweak-D Inc. v. Attorney General of...
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johnmckeownblog
- May 10
- 5 min
When Not to Seek a Summary Trial!
When Not to Seek a Summary Trial! Dermaspark Products Inc v. Patel 2023 FC 388 A defendant categorized the plaintiff’s claims as an...
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johnmckeownblog
- May 8
- 6 min
A Fight to the Finish
A decision of the Federal Court deals with abandonment of registered trademark as well as bad faith. Travel Leaders Group, LLC v. 2042923...
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johnmckeownblog
- Apr 28
- 3 min
What’s Included in a Trademark Application
An application for the registration of a trademark for goods or services may be filed if the applicant is using or proposes to use, and...
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johnmckeownblog
- Apr 11
- 4 min
Recent Copyright Decisions
In this blog entry we deal with copyright developments in the last few months. The General Term of Protection The general term of...
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johnmckeownblog
- Apr 5
- 2 min
Entitlement
Under the amended Trademarks Act after June 17, 2019, the rules for determining priority have been changed because of the elimination of...
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johnmckeownblog
- Mar 19
- 4 min
When are Directors and Officers Liable for Infringement?
A decision of the English High Court of Justice deals with the responsibility of officers and directors of a company for alleged...
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johnmckeownblog
- Mar 18
- 7 min
The Importance of the Evidence in A Trademark Opposition!
A recent decision of the Federal Court of Appeal emphasizes the importance of the evidence required to succeed in a trademark opposition....
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johnmckeownblog
- Mar 17
- 4 min
Confusion and Chinese Characters
A decision of the Federal Court confirms the approach to be taken concerning trademarks composed of Chinese characters and deals with bad...
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johnmckeownblog
- Mar 17
- 5 min
Is the Use of Multiple Trademarks on the Same Good Acceptable?
A decision of the Federal Court deals with trademark use for both goods and services and provides an answer to the question raised above....
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johnmckeownblog
- Mar 2
- 2 min
Deviating Trademark Use
Departing from the precise form of a trademark as registered is not a wise practice unless it is carefully planned and implemented by...
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johnmckeownblog
- Feb 1
- 3 min
Trademark Use – Services
A trademark is deemed used in association with a service if it is used or displayed in the performance or advertising of the service in...
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johnmckeownblog
- Jan 16
- 14 min
Key Trademark Decisions in 2022
2022 has again been a difficult year for trademark owners and their advisors. While the impact of the pandemic may have lessened it is...
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johnmckeownblog
- Jan 16
- 4 min
Consider Summary Judgement or Trial in the Federal Court
A decision of the Federal Court illustrates the advantages associated with the summary judgement/trial approach used by the Court....
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johnmckeownblog
- Jan 16
- 4 min
When is an Industrial Design Infringed?
A decision of the Federal court helps to clarify the correct approach to determine when an industrial design registration has been...
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johnmckeownblog
- Jan 10
- 17 min
Notable Copyright Decisions in 2022
It has again been a busy year for copyright law. The Supreme Court of Canada has released a decision concerning the “making available...
285 views0 comments
johnmckeownblog
- Jan 3
- 3 min
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, 2022
- 3 min
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...
34 views0 comments
johnmckeownblog
- Nov 14, 2022
- 4 min
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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