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...
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johnmckeownblog
Apr 11, 20214 min
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...
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johnmckeownblog
Apr 11, 20213 min
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...
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johnmckeownblog
Apr 11, 20212 min
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...
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johnmckeownblog
Apr 11, 20214 min
Obtaining Trademark Registrations for Domain Names
A recent decision of the US Supreme Court has attracted significant publicity. In the decision, the court disagreed with the USPTO and...
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johnmckeownblog
Apr 11, 20213 min
Computer Games and Cheat Software
A recent decision of the High Court of Justice in the United Kingdom considered the use of cheat software for the video game called Grand...
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johnmckeownblog
Apr 11, 20216 min
The Naked Truth about Appeals from the Trademark Opposition Board
The Supreme Court of Canada has recently changed the standard of review concerning appeals from the decisions of administrative bodies....
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johnmckeownblog
Apr 11, 20213 min
A Charming Story – Passing Off to the Rescue!
A recent decision of the UK Court of Appeal raises some interesting issues concerning trademark infringement and passing off relating to...
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johnmckeownblog
Apr 11, 20214 min
FACK JU GÖHTE and Public Morality
A recent decision of the European Court of Justice overturned decisions of the European Union for Intellectual Property and the General...
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johnmckeownblog
Apr 11, 20217 min
Notable Trademark Decisions in 2019 – Outlook for 2020
2019 has been a momentous year for trademark owners and their advisors. We have experienced the culmination of the trademark reform...
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johnmckeownblog
Apr 11, 20215 min
A Trademark Revival for Corus
A case before the Court of Queen’s Bench of Alberta raises some interesting intellectual property issues. The Facts Corus Radio Inc. and...
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johnmckeownblog
Apr 11, 20214 min
Site – Blocking Orders and Internet
A recent decision of the Federal Court has granted a site-blocking order against several Internet Service providers (ISPs). The...
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johnmckeownblog
Apr 11, 20214 min
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...
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johnmckeownblog
Apr 7, 20214 min
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...
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johnmckeownblog
Apr 7, 20213 min
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...
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johnmckeownblog
Apr 7, 20213 min
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...
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johnmckeownblog
Apr 7, 20214 min
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...
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