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Incidental and Ancillary Services
A decision of the Federal Court deals with the concept of incidental and ancillary services and the obligation to show use of a trademark...
johnmckeownblog
Nov 18, 20245 min read
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Copyright Infringement relating to the Photographs of Vivian Maier
A decision of the Federal Court raises interesting issues relating to a claim for copyright infringement. The claim concerned photographs...
johnmckeownblog
Nov 18, 20247 min read
88 views
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How to Determine When Trademarks are Confusing? – Part 7
The fifth circumstance to be considered in determining whether trademarks or trade names are confusing is the degree of resemblance...
johnmckeownblog
Nov 4, 20245 min read
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How to Determine When Trademarks are Confusing? – Part 6
We previously mentioned the statutory factors. Now is the time to deal with them in more detail. Nature of the Trade The fourth...
johnmckeownblog
Oct 1, 20242 min read
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Application v. Action
Two decisions in the Federal Court illustrate the advantages and disadvantages of proceeding by way of application in the Federal Court....
johnmckeownblog
Sep 17, 20244 min read
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The Summary Nature of Section 45 Proceedings
Another battle concerning trademark use in the context of section 45 proceedings has occurred. The respondent spared no effort in...
johnmckeownblog
Sep 17, 20243 min read
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Get it in Writing!
A recent decision of the Federal Court illustrates the importance of having a clear understanding and a written agreement concerning who...
johnmckeownblog
Sep 16, 20244 min read
28 views
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Common Law Trademark Rights
A decision of the Federal Court expunged the registration of a trademark under section 57 of the Trademarks Act based on the applicant’s...
johnmckeownblog
Sep 12, 20246 min read
41 views
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How to Determine When Trademarks are Confusing? – Part 5
We previously mentioned the statutory factors. Now is the time to deal with them in more detail. Duration of Use The second factor to be...
johnmckeownblog
Sep 6, 20243 min read
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How to Determine When Trademarks are Confusing? – Part 4
We previously mentioned the statutory factors. Now is the time to deal with them in more detail. Inherent Distinctiveness The first...
johnmckeownblog
Aug 1, 20242 min read
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Copyright decisions to date in 2024
In this blog entry we deal with copyright developments in the last few months. Too Early to Draw an Adverse Inference Voltage Holdings,...
johnmckeownblog
Jul 22, 202411 min read
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The Importance of Being the First to Use a Trademark
A recent decision of the Federal Court illustrates the importance of being the first to use a trademark. F.I.A.L. Finanziaria Industrie...
johnmckeownblog
Jul 16, 20243 min read
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The Consequences of Being the First Link in the Chain of Distribution
Patagonia, Inc. caused the Registrar to issue a notice under section 45 of the Trademarks Act, requiring the Labatt Brewing Company...
johnmckeownblog
Jul 16, 20243 min read
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How to Use State of the Register Evidence
A decision of the Federal Court illustrates the impact of state of Register use in opposition proceedings. Mécanique de performance...
johnmckeownblog
Jul 15, 20243 min read
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How Not To Set Up a Start Up
Wanakome Inc. (Wanakome) is a Canadian corporation and Kemel Hadad (Hadad) was the controlling shareholder. Wanakome applied in...
johnmckeownblog
Jul 15, 20243 min read
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How to Determine When Trademarks are Confusing? – Part 3
This month we are continuing to discuss the general approach to trademark confusion. We previously discussed the statutory factors set...
johnmckeownblog
Jun 28, 20242 min read
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How to Determine When Trademarks are Confusing? – Part 2
This month we are continuing to discuss the general approach to trademark confusion. In determining whether trademarks or trade names are...
johnmckeownblog
Jun 4, 20242 min read
7 views
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Hope Springs Eternal
It may not be a prudent course of action to institute an opposition that exposes the opponent’s problems to scrutiny.  D.M.C. SRL v....
johnmckeownblog
May 14, 20244 min read
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Not a Good Day for the Use of Survey Evidence in Trademark Cases
The Facts Promotion in Motion, Inc. (PIM), PIM sought to register the trademarks SWISSKISS and SWISSKISS & Design depicted below for the...
johnmckeownblog
May 14, 20246 min read
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The Importance of the Use of Colour in a Trademark and Presenting the Right Evidence at Trial
The English Court of Appeal has dismissed an appeal from the trial judgment which raised some interesting trademark and branding issues....
johnmckeownblog
May 13, 20244 min read
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