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
- 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....
96 views0 comments
johnmckeownblog
- Jul 22, 2022
- 4 min
Online Use in an App
A decision of the UK High Court of Justice raises interesting issues relating to the online use of a trademark in association with...
30 views0 comments
johnmckeownblog
- Jul 22, 2022
- 3 min
Avoiding Genericism
The iconic shape of the GIBSON flying V electric guitar body has recently been considered by courts in the US and the European Union with...
28 views0 comments
johnmckeownblog
- Jul 22, 2022
- 5 min
Decision of the Trademarks Opposition Board Confirmed on Appeal
The Federal Court has upheld the decision of the Trademarks Opposition Board (TMOB), confirming that the marks in issue were not...
64 views0 comments
johnmckeownblog
- Jul 5, 2022
- 17 min
Targeting & the part it plays in establishing jurisdiction in cases involving the use of trademarks
Internet Committee Report This article considers recent appellate decisions in the United Kingdom, the United States, and Canada to...
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johnmckeownblog
- May 31, 2022
- 4 min
When is a Trademark “Clearly Descriptive”?
The Federal Court has confirmed that the Trademark Opposition Board was correct when it found that the trademark HALLMARK in association...
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johnmckeownblog
- May 31, 2022
- 3 min
A Clear Case for Expungement
Many applications in the Federal Court seeking expungement are relatively complex, but a recent application seems relatively...
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johnmckeownblog
- May 30, 2022
- 5 min
Fair Dealing for the Purpose of News Reporting
In HRH The Duchess of Sussex v. Associated Newspapers Limited [2021] EWHC 723 (UK Ch.), the appeal dismissed [2021] EWCA Civ 1801 (UKCA),...
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johnmckeownblog
- Mar 14, 2022
- 4 min
A Questionable Choice of a Mark
A decision of the Federal Court raises issues concerning the Applicant’s choice of its primary trademark. Blyth Cowbells Brewing Inc. v....
86 views0 comments
johnmckeownblog
- Mar 10, 2022
- 5 min
A Difficult Product Launch
A recent decision of the English High Court of Justice illustrates the broader scope of protection typically given to a trademark that...
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johnmckeownblog
- Mar 10, 2022
- 5 min
The Impact of a Previous Decision of the TMOB in an Action for Statutory Passing Off
A recent decision of the Federal Court deals with a statutory claim for passing off and the effect of a prior decision of the Trademark...
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johnmckeownblog
- Jan 31, 2022
- 16 min
Notable Copyright Decisions in 2021
Notable Copyright Decisions in 2021 It has been a busy year for copyright law. The Supreme Court of Canada has released one decision...
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johnmckeownblog
- Jan 17, 2022
- 8 min
Key Trademark Decisions in 2021
2021 has again been a difficult year for trademark owners and their advisors. The pandemic has tested us all in profound and unexpected...
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johnmckeownblog
- Jan 17, 2022
- 5 min
An Ineffective Self-help Remedy
A recent decision of the Federal Court allowed the plaintiff claims for copyright infringement and passing off arising out of a dispute...
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johnmckeownblog
- Jan 17, 2022
- 4 min
What is the Standard of Review for Appeals from the Trademarks Opposition Board?
The Federal Court of Appeal has confirmed that it is not appropriate to set aside decisions made by Hearing Officers of the Trademarks...
69 views0 comments
johnmckeownblog
- Dec 1, 2021
- 2 min
Jurisdiction and Trademark Infringement on the Internet
The ability of a trademark owner to enforce its trademark rights on the Internet frequently depends on establishing jurisdiction. The...
144 views0 comments
johnmckeownblog
- Nov 19, 2021
- 5 min
Comparative Advertising and Section 22 of the Trademarks Act
A recent decision of the Quebec Court of Appeal illustrates the rather unexpected ways that the Trademarks Act can apply to comparative...
169 views0 comments
johnmckeownblog
- Nov 19, 2021
- 4 min
Sound Marks Must Be Distinctive To Be Registered
A recent decision of the General Court of the European Union raises interesting questions concerning sound marks and their...
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johnmckeownblog
- Nov 19, 2021
- 6 min
Word Games
A recent U.K. decision illustrates that the determination of whether two competing trademarks are confusing involves considerable...
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