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Official Marks Reined In
A recent decision of the Federal Court of Appeal has confirmed that the registration of an official mark in the face of a claim for...
John McKeown
Apr 11, 20213 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...
John McKeown
Apr 11, 20214 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...
John McKeown
Apr 11, 20217 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...
John McKeown
Apr 11, 20215 min read


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...
John McKeown
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...
John McKeown
Apr 11, 20214 min read


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...
John McKeown
Apr 11, 20214 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...
John McKeown
Apr 7, 20213 min read


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...
John McKeown
Apr 7, 20213 min read


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...
John McKeown
Apr 7, 20213 min read


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...
John McKeown
Apr 7, 20214 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...
John McKeown
Apr 7, 20213 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...
John McKeown
Apr 7, 20214 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...
John McKeown
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...
John McKeown
Apr 7, 20213 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...
John McKeown
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...
John McKeown
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...
John McKeown
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...
John McKeown
Apr 7, 20214 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...
John McKeown
Apr 6, 20213 min read
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