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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...
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


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...
John McKeown
Apr 6, 20214 min read


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...
John McKeown
Apr 6, 20214 min read


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...
John McKeown
Apr 6, 20217 min read


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...
John McKeown
Apr 6, 20214 min read


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...
John McKeown
Apr 6, 20213 min read


Notable Trademark Decisions in 2018 and What They Said
There are many decided cases each year relating to trademarks. Many cases involve a determination of the potential for confusion between...
John McKeown
Apr 6, 20214 min read


Dealing with the Sale of Counterfeits on the Internet
A lot of counterfeit activity takes place on the Internet which can be detrimental to your brand. Learn how to protect your business today.
John McKeown
Apr 4, 20212 min read
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