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Do Not Be Overly Optimistic or Aggressive When Attempting to Obtain a Trademark Registration
A decision of the Federal Court illustrates important lessons concerning choosing a mark and trademark infringement.
John McKeown
Jul 19, 20215 min read


Protecting Your Business Against Criticisms and Gripe Sites In A Digital World (Part II)
Once it is decided that it is necessary to take steps, there are numerous possible courses of action. However, care needs to be taken...
John McKeown
Jun 4, 20212 min read


Breach of Confidence and the New Employer
A decision of the English Court of Appeal allowed a claim for breach of confidence against the “new” employer who obtained possession of...
John McKeown
May 17, 20213 min read


Criticism or Gripe Sites
There have been a number of cases both in the courts and under the UDRP and CDRP involving parody sites or sites for critical commentary....
John McKeown
May 7, 20212 min read


The Importance of Obtaining a Trademark Registration
A decision of the Federal Court of Appeal, released on December 9, 2020, Group III International Ltd. v. Travelway Group International...
John McKeown
Apr 11, 20213 min read


Federal Court of Appeal Confirms that Trademark Services Should Be Liberally Construed
A recent decision of the Federal Court of Appeal [2020 FCA 134] has confirmed a trial decision [2018 FC 895] which considered the concept...
John McKeown
Apr 11, 20216 min read


Trademark Infringement Concerning an App
A recent decision of a Judge of the English High Court [2020] EWHC 713 provides a possible approach to the enforcement of trademark...
John McKeown
Apr 11, 20214 min read


Trademark Use by an Affiliate
A recent decision of the Federal Court of Appeal clarifies when the use of a trademark by an affiliate of the trademark owner accrues to...
John McKeown
Apr 11, 20213 min read


What is Cybersquatting and Cyberpiracy?
Cybersquatting Cybersquatting occurs when a third party registers a domain name consisting of, or similar to, a brand name to which they...
John McKeown
Apr 11, 20212 min read


Damages After Expungement
In November of 2017, we discussed a decision of the Federal Court of Appeal concerning a claim for trademark infringement. The Court...
John McKeown
Apr 11, 20214 min read


Marketplace Reality and Infringement
A recent decision of the Federal Court emphasizes the need for evidence of actual confusion in an action for infringement. The Facts...
John McKeown
Apr 7, 20214 min read


A Summary Procedure for Removing Deadwood from The Register
A recent decision of the Federal Court has confirmed a general approach concerning section 45 proceedings. The Facts The registrant owned...
John McKeown
Apr 7, 20213 min read


Attacking a Transfer of a Trademark
A recent decision of the Federal Court of Appeal raises interesting issues relating to the transfer of a trademark. The Facts In this...
John McKeown
Apr 7, 20214 min read


More Scandalous, Obscene or Immoral Trademarks
In January 2018 we discussed this bar to the registration of trademarks in Canada. The issue is in the press again as the result of a...
John McKeown
Apr 7, 20213 min read


Kawhi Leonard Faces Nike in Copyright Challenge
Recently the lawsuit commenced by Kawhi Leonard against Nike and Nike’s response has attracted significant attention. The dispute also...
John McKeown
Apr 7, 20213 min read


Trouble in Paradise
A recent decision of the Federal court relates to a dispute between family members concerning the use of their family name in association...
John McKeown
Apr 7, 20214 min read


Passing off and an Expunged Trademark Registration
A recent decision of the Federal Court relates to a claim for passing off and considers the effect of the expungement of the plaintiff’s...
John McKeown
Apr 7, 20214 min read


The Importance of Appropriate State of the Register Evidence
A recent decision of the Federal Court relates to an appeal from the Trademark Opposition Board which turned on the state of register...
John McKeown
Apr 6, 20214 min read


Dealing with the Sale of Counterfeits on the Internet
A lot of counterfeit activity takes place on the Internet which can be detrimental to your brand. Learn how to protect your business today.
John McKeown
Apr 4, 20212 min read
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