Blog index
In this blog we deal with recent developments concerning trademarks, copyright and other laws that have a direct impact on branding and...
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johnmckeownblog
- Nov 22
- 4 min
DIEGO MARADONA and An Ineffective Trademark Assignment
A battle for control of the trademark DIEGO MARADONA has been shaping up. Maradona was a famous soccer player. In July of 2001 he applied...
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johnmckeownblog
- Nov 21
- 4 min
A Polo Club in a Crowded Market
A recent decision of the UK High Court of Justice deals with the scope of protection to be given to a registered trademark used in a...
8 views0 comments
johnmckeownblog
- Nov 21
- 4 min
The Same Old Song
2572495 Ontario Inc., carrying on business as Vacuum Parts Canada (VPC), sought an interlocutory injunction to stop the defendants from...
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johnmckeownblog
- Nov 21
- 5 min
What is Authorizing Copyright Infringement?
The Federal Court of Appeal has made it more difficult to assert rights against defendants alleged to have made copies of the films...
11 views0 comments
johnmckeownblog
- Nov 14
- 7 min
Copyright decisions fall 2023
In this blog entry we deal with copyright developments in the last few months. The Online Streaming Act. The Government (Department of...
14 views0 comments
johnmckeownblog
- Oct 31
- 2 min
Effect of Registration
Subject to the right to descriptive use under section 20 of the Trademarks Act and other more limited restrictions, the registration of a...
12 views0 comments
johnmckeownblog
- Oct 3
- 2 min
Registration of a Trademark
This month we are discussing the process for obtaining a registration and problems with the system. Under the current Trademarks Act when...
16 views0 comments
johnmckeownblog
- Sep 15
- 4 min
“Bad Faith” as a Ground of Opposition
A decision of the Federal Court has dismissed an appeal from a decision of the Trademark Opposition Broad. (Spirit Bear Coffee Company...
61 views0 comments
johnmckeownblog
- Sep 15
- 3 min
When Can a Mark be Protected as a Geographical Indication?
A decision of the General Court of the European Union raises some interesting considerations concerning protecting a geographical...
18 views0 comments
johnmckeownblog
- Sep 15
- 4 min
Protecting the Bitcoin File Format
A decision of the UK Court of Appeal has found that copyright likely subsists in the Bitcoin File Format and provides a detailed summary...
20 views0 comments
johnmckeownblog
- Sep 13
- 4 min
15% or 20% longer Lasting
A recent decision of the Federal Court provides a detailed review of alleged comparative advertising. Energizer Brands, LLC v. Gillette...
41 views0 comments
johnmckeownblog
- Sep 6
- 4 min
Territorial Extension under the Madrid Protocol to Canada
In our previous blog Madrid Protocal Applications we discussed applications for an International Registration where the Canadian...
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johnmckeownblog
- Aug 4
- 3 min
Recent Copyright Developments - summer 2023
In this blog entry we deal with copyright developments in the last few months The Ontario Court of Appeal has refused to extend the right...
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johnmckeownblog
- Aug 2
- 3 min
Madrid Protocol Applications
The Madrid System is a solution for registering and managing trademarks on a worldwide basis. A single international trademark...
34 views0 comments
johnmckeownblog
- Jul 17
- 4 min
No More Worldwide Trademarks
A decision of the Supreme Court of the United States has concluded that a plaintiff must show use in commerce in the United States of the...
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johnmckeownblog
- Jul 14
- 4 min
The Opponent’s Onus
Ebox Inc. (the Applicant) applied for the trademark EBOX TV (the Mark) based on proposed use in Canada in association with services...
28 views0 comments
johnmckeownblog
- Jul 13
- 3 min
Trademark Infringement and Freedom of Expression
A recent decision of the Supreme Court of the United States has considered the balance between the rights of a trademark owner and the...
148 views0 comments
johnmckeownblog
- Jul 12
- 3 min
Checks and Balances in the Section 45 Regime
Shaoguan Risen Trading Corporation Ltd., (the “Applicant”) owns a trademark registration for the trademark DOUBLE SWALLOW BRAND & DESIGN...
15 views0 comments
johnmckeownblog
- Jul 4
- 2 min
Examination of Trademark Applications
It is taking approximately 50 months for CIPO to examine a trademark application. This is a national embarrassment which just does not...
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