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In this blog we deal with recent developments concerning trademarks, copyright and other laws that have a direct impact on branding and...
johnmckeownblog
Jun 30, 20235 min read


Depreciating the Value of the Goodwill Attached to a Trademark
This month we are continuing the discussion about infringement. There is an additional statutory right to claims under sections 19 and 20...
johnmckeownblog
Aug 13 min read


Grey Marketing Revisited
As stated in a recent decision of the Federal Court, when is a TOYOTA bumper no longer a TOYOTA brand product? According to the...
johnmckeownblog
Jul 153 min read


Keeping Your Designs in Good Order
A recent decision of the U.K. Court of Appeal raises interesting issues concerning industrial design registrations. Safestand Ltd v...
johnmckeownblog
Jul 153 min read


A Sweet Case
The Background Often in response to an opposition the applicant causes a separate proceeding(s) to be brought under section 45 of the...
johnmckeownblog
Jul 144 min read


Using Opposition Proceedings to Protect the Distinctiveness of a Brand Name
A recent decision of the Trademark Opposition Board illustrates how a brand owner can use opposition proceedings to protect the...
johnmckeownblog
Jul 144 min read


Understanding Infringement
This month we are dealing with a new topic-infringement. There are two sections in the Trade-marks Act dealing with this topic. First,...
johnmckeownblog
Jul 43 min read


Appeals from the Opposition Board - The Standard of Review
This month we discuss the standard of review on these appeals. The Supreme Court of Canada has specified a new framework for determining...
johnmckeownblog
Jun 32 min read


Avoiding Confusion concerning Presumptions about Copyright
A decision of the Federal Court emphasizes the importance of clinical precision in asserting a claim for copyright infringement. ITP SA...
johnmckeownblog
May 124 min read


Coping with the Implied Undertaking Rule
Recent decisions in the Federal Court deal with the scope of the implied undertaking rule. The Rule The basic rule is that where a party...
johnmckeownblog
May 95 min read


Recent Copyright Developments
In this blog entry we deal with copyright developments in the last few months. Online News Act After the completion of a public...
johnmckeownblog
May 69 min read


Appeals from the Opposition Board
An appeal lies from a decision of the Hearing Officer on behalf of the Registrar to the Federal Court within two months from the date on...
johnmckeownblog
Apr 292 min read


Resolving Oppositions Before the Trademark Opposition Board
This month we outline the procedures for resolving trademark oppositions including written argument, hearing, decision, and costs....
johnmckeownblog
Apr 13 min read


Better than a Sea Cruise?
A decision of the Federal Court illustrates the difficulties in establishing a chain of title and a date of first use. Sea Tow Services...
johnmckeownblog
Jan 295 min read


Evidence in Trademark Oppositions
This month we are discussing basic points concerning the evidence to be filed. An opposition is like a proceeding in a court and many...
johnmckeownblog
Jan 293 min read


When must Evidence be filed in a Trademark Opposition?
This month we continue to discuss trade oppositions and will deal with the evidentiary framework. Both the opponent and the applicant are...
johnmckeownblog
Jan 292 min read


The Importance of Evidence of Actual Confusion
A decision of the UK Court of Appeal emphasises the importance of evidence of actual ›confusion in an action for trademark infringement,...
johnmckeownblog
Jan 294 min read


Trademarks Must be Assessed as a Whole
Decision of the Federal Court allowed an appeal from the Trademark Opposition Board on the ground that the Board did not assess the...
johnmckeownblog
Jan 294 min read


Protection Against “Look Alike” Packaging
A decision of the UK Court of Appeal provides a roadmap for an approach to attack “lookalike” packaging. Thatchers Cider Company Ltd v...
johnmckeownblog
Jan 294 min read


Key Trademark Decisions in 2024
2024 was a better year for trademark owners and their advisors. The impact of the pandemic is behind us, and the processing delays in the...
johnmckeownblog
Jan 286 min read
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