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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...
johnmckeownblog
Jan 10, 202317 min read
317 views
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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....
johnmckeownblog
Jul 22, 20225 min read
99 views
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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...
johnmckeownblog
Jul 22, 20224 min read
30 views
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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...
johnmckeownblog
Jul 22, 20223 min read
28 views
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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...
johnmckeownblog
Jul 22, 20225 min read
64 views
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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...
johnmckeownblog
Jul 5, 202217 min read
28 views
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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...
johnmckeownblog
May 31, 20224 min read
93 views
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A Clear Case for Expungement
Many applications in the Federal Court seeking expungement are relatively complex, but a recent application seems relatively...
johnmckeownblog
May 31, 20223 min read
46 views
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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),...
johnmckeownblog
May 30, 20225 min read
70 views
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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....
johnmckeownblog
Mar 14, 20224 min read
86 views
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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...
johnmckeownblog
Mar 10, 20225 min read
44 views
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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...
johnmckeownblog
Mar 10, 20225 min read
55 views
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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...
johnmckeownblog
Jan 31, 202216 min read
469 views
0 comments


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...
johnmckeownblog
Jan 17, 20228 min read
77 views
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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...
johnmckeownblog
Jan 17, 20225 min read
43 views
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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...
johnmckeownblog
Jan 17, 20224 min read
69 views
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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...
johnmckeownblog
Dec 1, 20212 min read
144 views
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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...
johnmckeownblog
Nov 19, 20215 min read
175 views
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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...
johnmckeownblog
Nov 19, 20214 min read
59 views
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Word Games
A recent U.K. decision illustrates that the determination of whether two competing trademarks are confusing involves considerable...
johnmckeownblog
Nov 19, 20216 min read
34 views
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