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...
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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...
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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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johnmckeownblog
- Nov 14, 2022
- 5 min
Concurrent Jurisdiction for Patent Infringement Actions
The Facts Canadian Energy Services L.P. and Canadian Energy Services Inc. (collectively, Canadian Energy) are successors in interest to...
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johnmckeownblog
- Nov 11, 2022
- 4 min
What is Greenwashing?
Consumers are concerned about the environment and climate change. There is an increased demand for ‘green' products and services that are...
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johnmckeownblog
- Nov 11, 2022
- 3 min
What is a Palpable and Overriding Error?
A decision of the Federal Court deals with the standard of review applicable to an appeal from the Trademarks Opposition Board. Vivo...
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johnmckeownblog
- Nov 2, 2022
- 2 min
Trademarks Use
The trademark use is of fundamental importance in determining the rights of a trademark owner. The outline below shows how it works and...
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johnmckeownblog
- Oct 11, 2022
- 15 min
Recent Copyright Decisions - Summer 2022
In this blog entry we deal with copyright developments in the last few months A New Media Retransmitter In Videotron Ltd v. Konek...
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johnmckeownblog
- Oct 4, 2022
- 2 min
Acquisition of Rights under the Trademarks Act
Adoption The Trademarks Act contemplates that rights in a mark are acquired by adopting it. A trademark is deemed to have been adopted by...
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johnmckeownblog
- Sep 22, 2022
- 4 min
Use it or Lose it
A decision of the Federal Court illustrates how section 45 can impact a trademark owner. Vass v. Leef Inc. 2022 FC 1192 Section 45 The...
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johnmckeownblog
- Sep 22, 2022
- 5 min
Counterfeiters Beware!
A decision of the Federal Court deals with some interesting points concerning claims relating to the sale of counterfeit goods. Lululemon...
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johnmckeownblog
- Sep 22, 2022
- 4 min
How to Deal with a Suspect Ground of Opposition?
The Federal Court and the Trademarks Opposition Board have taken a non-technical approach to considering the scope of a ground of...
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johnmckeownblog
- Sep 22, 2022
- 4 min
Taking Unfair Advantage of the RED BULL Trademark
A decision of the UK High Court shows that a trademark owner can prevent a third party from taking unfair advantage of their trademark....
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johnmckeownblog
- Sep 20, 2022
- 1 min
Trademark Owners Must Consider What is Taking Place in the Marketplace!
Once it has been decided to seek a trademark registration a trademark owner needs to consider what is taking place in the marketplace to...
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johnmckeownblog
- Aug 2, 2022
- 2 min
Why Register Your Brand Name?
A brand owner must understand how the Canadian trademark system works so that it can be used to the maximum extent possible to protect...
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johnmckeownblog
- Jul 22, 2022
- 5 min
Applications Claiming Colour as a Trademark
A recent decision of the U.K. High Court of justice adds some clarity to the form of trademark applications claiming colour as a mark....
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