Why is Confusion so Important to a Brand Owner?
A brand name may be protected by obtaining a trademark registration. A brand name may also be protected, directly or indirectly, by...
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johnmckeownblog
Mar 224 min
In Oppositions the Onus is on the Parties to file the Right evidence at the Right Time
The Applicant applied to register the trademark Divert NS (the Mark) in association with various services related to waste diversion and...
16 views0 comments
johnmckeownblog
Mar 215 min
Section 45 Proceedings, a Change in the Ownership of the Mark and Special Circumstances
The impact of the special circumstances exception in section 45 proceedings where there has been a change in the ownership of the mark...
44 views0 comments
johnmckeownblog
Mar 214 min
Abuse of process by Relitigation
The Federal Court of Appeal has recently considered the doctrine of abuse of process in relation to a claim for patent infringement. The...
17 views0 comments
johnmckeownblog
Mar 214 min
Section 45 proceedings and a Change in the Ownership of the Mark
A decision of the Federal Court considers the impact of the special circumstances exception in section 45 proceedings in cases where...
32 views0 comments
johnmckeownblog
Mar 12 min
When is a Trademark Registration Invalid- Abandonment, Entitlement, Bad Faith and Unreasonably Limiting the Development of any Art or Industry
In January we discussed the grounds for attacking the registration of a registered trademark in the Federal Court. This month we are...
27 views0 comments
johnmckeownblog
Feb 22 min
When is a Trademark Registration Invalid- Registrability and Distinctiveness
Last month we discussed the grounds for attacking the registration of a registered trademark in the Federal Court. This month we are...
19 views0 comments
johnmckeownblog
Jan 315 min
Key Trademark Decisions in 2023
2023 has again been a difficult year for trademark owners and their advisors. Hopefully the impact of the pandemic is behind us, but we...
76 views0 comments
johnmckeownblog
Jan 3117 min
Notable Copyright Developments in 2023
It has again been a busy year in the copyright world with important legislative changes and numerous decisions from the courts to...
44 views0 comments
johnmckeownblog
Jan 313 min
A GUI can be Protected by Copyright as an Artistic Work!
A decision of the U.K. C.A. supports the position that copyright subsists in a graphic user interface (“GUI) produced by a computer...
58 views0 comments
johnmckeownblog
Jan 313 min
Three-Dimensional Marks and Utilitarian Function
A decision of the General Court of the European Union is of interest concerning the prohibition in the Canadian Trademarks Act relating...
67 views0 comments
johnmckeownblog
Jan 313 min
The Deferential Nature of The Palpable and Overriding Error Standard Revisited
The Facts The Applicant filed a trademark application to register the mark TRIBAL CHOCOLATE, for use in association hair care...
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johnmckeownblog
Jan 82 min
When is a Trademark Registration Invalid?
Section 18 of the Trademarks Act provides that the registration of the trademark is invalid if: a) the trademark was not registrable at...
24 views0 comments
johnmckeownblog
Dec 5, 20232 min
How to Use a Trademark Notice
Using a trademark notice is permissive but prudent. A brand owner should use the notification™ or the French equivalent MC to identify...
21 views0 comments
johnmckeownblog
Nov 22, 20234 min
DIEGO MARADONA and An Ineffective Trademark Assignment
A battle for control of the trademark DIEGO MARADONA has been shaping up. Maradona was a famous soccer player. In July of 2001 he applied...
28 views0 comments
johnmckeownblog
Nov 21, 20234 min
A Polo Club in a Crowded Market
A recent decision of the UK High Court of Justice deals with the scope of protection to be given to a registered trademark used in a...
23 views0 comments
johnmckeownblog
Nov 21, 20234 min
The Same Old Song
2572495 Ontario Inc., carrying on business as Vacuum Parts Canada (VPC), sought an interlocutory injunction to stop the defendants from...
34 views0 comments
johnmckeownblog
Nov 21, 20235 min
What is Authorizing Copyright Infringement?
The Federal Court of Appeal has made it more difficult to assert rights against defendants alleged to have made copies of the films...
23 views0 comments
johnmckeownblog
Nov 14, 20237 min
Copyright decisions fall 2023
In this blog entry we deal with copyright developments in the last few months. The Online Streaming Act. The Government (Department of...
16 views0 comments
johnmckeownblog
Oct 31, 20232 min
Effect of Registration
Subject to the right to descriptive use under section 20 of the Trademarks Act and other more limited restrictions, the registration of a...
15 views0 comments
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