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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...
johnmckeownblog
Apr 11, 20214 min read
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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...
johnmckeownblog
Apr 11, 20214 min read
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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...
johnmckeownblog
Apr 11, 20214 min read
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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...
johnmckeownblog
Apr 7, 20213 min read
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The Application of the Reasonableness Standard
A recent decision of a judge of the Federal Court allowed an appeal from a decision of the Hearing Officer of the Trademark Opposition...
johnmckeownblog
Apr 7, 20213 min read
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When is Online Use of a Mark Trademark Use?
A recent decision of the Federal Court helps to clarify what needs to be shown to establish trademark use in an online context. The Facts...
johnmckeownblog
Apr 7, 20213 min read
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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...
johnmckeownblog
Apr 7, 20214 min read
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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...
johnmckeownblog
Apr 7, 20213 min read
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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...
johnmckeownblog
Apr 7, 20214 min read
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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...
johnmckeownblog
Apr 7, 20213 min read
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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...
johnmckeownblog
Apr 7, 20213 min read
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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...
johnmckeownblog
Apr 7, 20214 min read
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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...
johnmckeownblog
Apr 7, 20214 min read
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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...
johnmckeownblog
Apr 7, 20214 min read
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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...
johnmckeownblog
Apr 7, 20214 min read
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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...
johnmckeownblog
Apr 6, 20213 min read
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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...
johnmckeownblog
Apr 6, 20214 min read
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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...
johnmckeownblog
Apr 6, 20214 min read
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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...
johnmckeownblog
Apr 6, 20217 min read
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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...
johnmckeownblog
Apr 6, 20214 min read
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