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, 2021
- 5 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, 2021
- 4 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, 2021
- 4 min
How to Prove that a Mark is Distinctive
A recent decision of the Federal Court considers a ground of opposition based on lack of distinctiveness and reviews what evidence is...
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johnmckeownblog
- Apr 7, 2021
- 3 min
Death by a Thousand Cuts
A recent decision of the Federal Court expunged the registration of a trademark on the grounds the mark was not distinctive at the time...
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johnmckeownblog
- Apr 7, 2021
- 4 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, 2021
- 3 min
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...
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johnmckeownblog
- Apr 7, 2021
- 4 min
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...
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johnmckeownblog
- Apr 7, 2021
- 3 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, 2021
- 3 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, 2021
- 4 min
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...
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johnmckeownblog
- Apr 7, 2021
- 4 min
Interim Injunction Granted
A judge of the Federal Court recently granted an interim injunction in a case involving patent infringement. This is very unusual. An...
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johnmckeownblog
- Apr 7, 2021
- 4 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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johnmckeownblog
- Apr 7, 2021
- 4 min
Targeting, Jurisdiction and the Internet
A recent UK decision has considered whether the defendant’s use of a trademark on the Internet would allow an action in the UK to...
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johnmckeownblog
- Apr 6, 2021
- 3 min
Trademark Applications filed in Bad Faith
With the implementation of the current amendments to the Trademarks Act set to come into force on June 17, 2019, it is interesting that...
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johnmckeownblog
- Apr 6, 2021
- 4 min
Profit and Trademark Use
A recent decision of the Federal Court of Appeal adds clarity to the requirement to show use under the Trademarks Act for goods. The...
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johnmckeownblog
- Apr 6, 2021
- 4 min
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...
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johnmckeownblog
- Apr 6, 2021
- 7 min
Key Copyright Decisions in 2018
It has been a very interesting year in the Copyright world with a number of significant decisions being released. The interface between...
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johnmckeownblog
- Apr 6, 2021
- 4 min
Infringing Use and Distinctiveness
A recent decision of the Federal Court of Appeal provides a useful summary of the law concerning the effect of infringing use on the...
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johnmckeownblog
- Apr 6, 2021
- 3 min
Losses that Can’t be Quantified may be Irreparable Harm
A recent decision of the Ontario Supreme Court of Justice granted an injunction until trial (an interlocutory injunction) in a passing...
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