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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
55 views
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Invalidating a Design by Premature Disclosure on Social Media
There is a one-year grace period for filing an industrial design. If the design has been disclosed more than one year before the priority...
johnmckeownblog
Jan 102 min read
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Directors Liability for Corporate Infringement
The UK Supreme Court recently considered this issue and have taken an approach that emphasizes knowledge of the essential features of the...
johnmckeownblog
Jan 94 min read
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SPA Days in the Federal Court
The Facts Auberge & Spa Le Nordik Inc. v. Therme Development (CY) Ltd. 2024 FC 1765 Auberge & Spa Le Nordik Inc (Nordik) is the owner...
johnmckeownblog
Jan 84 min read
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What Amounts to Bad Faith?
There have been several recent decisions relating to bad faith by an applicant for a trademark. The Canadian Trademark Act includes bad...
johnmckeownblog
Jan 75 min read
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What Grounds can be Raised in a Trademark Opposition?
This month we continue to discuss trade oppositions. The grounds of opposition can include the following: a) The application does not...
johnmckeownblog
Jan 23 min read
15 views
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Copyright Developments in the Fall of 2024
In this blog entry we deal with copyright developments in the last few months. The Right to Repair Policy In its Budget of 2024, the...
johnmckeownblog
Dec 10, 20248 min read
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