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johnmckeownblog
Apr 11, 20212 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...
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johnmckeownblog
Apr 11, 20214 min read
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, 20214 min read
What is Deviating Trademark Use?
A recent decision of the Federal Court deals with section 45 proceedings and whether the use of a variant of the registered trademark by...
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johnmckeownblog
Apr 11, 20213 min read
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 read
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 read
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 read
Importance of Good Fences
A recent decision of the Federal Court illustrates the importance of clearly understanding the nature of a business venture and the...
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johnmckeownblog
Apr 11, 20217 min read
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 read
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 read
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...
13 views0 comments


johnmckeownblog
Apr 7, 20213 min read
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, 20213 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...
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johnmckeownblog
Apr 7, 20214 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...
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johnmckeownblog
Apr 7, 20213 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...
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johnmckeownblog
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...
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johnmckeownblog
Apr 7, 20214 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...
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johnmckeownblog
Apr 7, 20214 min read
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...
8 views0 comments


johnmckeownblog
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...
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johnmckeownblog
Apr 7, 20214 min read
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, 20213 min read
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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