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
- 2 days ago
- 3 min
How to Determine When Trademarks are Confusing? – Part 5
We previously mentioned the statutory factors. Now is the time to deal with them in more detail. Duration of Use The second factor to be...
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johnmckeownblog
- Aug 1
- 2 min
How to Determine When Trademarks are Confusing? – Part 4
We previously mentioned the statutory factors. Now is the time to deal with them in more detail. Inherent Distinctiveness The first...
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johnmckeownblog
- Jul 22
- 11 min
Copyright decisions to date in 2024
In this blog entry we deal with copyright developments in the last few months. Too Early to Draw an Adverse Inference Voltage Holdings,...
14 views0 comments
johnmckeownblog
- Jul 16
- 3 min
The Importance of Being the First to Use a Trademark
A recent decision of the Federal Court illustrates the importance of being the first to use a trademark. F.I.A.L. Finanziaria Industrie...
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johnmckeownblog
- Jul 16
- 3 min
The Consequences of Being the First Link in the Chain of Distribution
Patagonia, Inc. caused the Registrar to issue a notice under section 45 of the Trademarks Act, requiring the Labatt Brewing Company...
20 views0 comments
johnmckeownblog
- Jul 15
- 3 min
How to Use State of the Register Evidence
A decision of the Federal Court illustrates the impact of state of Register use in opposition proceedings. Mécanique de performance...
11 views0 comments
johnmckeownblog
- Jul 15
- 3 min
How Not To Set Up a Start Up
Wanakome Inc. (Wanakome) is a Canadian corporation and Kemel Hadad (Hadad) was the controlling shareholder. Wanakome applied in...
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johnmckeownblog
- Jun 28
- 2 min
How to Determine When Trademarks are Confusing? – Part 3
This month we are continuing to discuss the general approach to trademark confusion. We previously discussed the statutory factors set...
8 views0 comments
johnmckeownblog
- Jun 4
- 2 min
How to Determine When Trademarks are Confusing? – Part 2
This month we are continuing to discuss the general approach to trademark confusion. In determining whether trademarks or trade names are...
6 views0 comments
johnmckeownblog
- May 14
- 4 min
Hope Springs Eternal
It may not be a prudent course of action to institute an opposition that exposes the opponent’s problems to scrutiny. D.M.C. SRL v....
12 views0 comments
johnmckeownblog
- May 14
- 6 min
Not a Good Day for the Use of Survey Evidence in Trademark Cases
The Facts Promotion in Motion, Inc. (PIM), PIM sought to register the trademarks SWISSKISS and SWISSKISS & Design depicted below for the...
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johnmckeownblog
- May 13
- 4 min
The Importance of the Use of Colour in a Trademark and Presenting the Right Evidence at Trial
The English Court of Appeal has dismissed an appeal from the trial judgment which raised some interesting trademark and branding issues....
42 views0 comments
johnmckeownblog
- May 13
- 4 min
Targeting and Infringement by Selling Goods on the Internet
An essential feature of trademark law is that it provides only territorial protection to the proprietor of a mark in the territory or...
10 views0 comments
johnmckeownblog
- May 3
- 2 min
How to Determine When Trademarks are Confusing? - Part1
Last month we discussed the importance of “confusion” from a brand owner’s point of view. This month we are discussing the general...
8 views0 comments
johnmckeownblog
- Apr 3
- 3 min
Why is Confusion so Important to a Brand Owner?
A brand name may be protected by obtaining a trademark registration. A brand name may also be protected, directly or indirectly, by...
20 views0 comments
johnmckeownblog
- Mar 22
- 4 min
In Oppositions the Onus is on the Parties to file the Right evidence at the Right Time
The Applicant applied to register the trademark Divert NS (the Mark) in association with various services related to waste diversion and...
16 views0 comments
johnmckeownblog
- Mar 21
- 5 min
Section 45 Proceedings, a Change in the Ownership of the Mark and Special Circumstances
The impact of the special circumstances exception in section 45 proceedings where there has been a change in the ownership of the mark...
44 views0 comments
johnmckeownblog
- Mar 21
- 4 min
Abuse of process by Relitigation
The Federal Court of Appeal has recently considered the doctrine of abuse of process in relation to a claim for patent infringement. The...
17 views0 comments
johnmckeownblog
- Mar 21
- 4 min
Section 45 proceedings and a Change in the Ownership of the Mark
A decision of the Federal Court considers the impact of the special circumstances exception in section 45 proceedings in cases where...
32 views0 comments
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