Entitlement
Under the amended Trademarks Act after June 17, 2019, the rules for determining priority have been changed because of the elimination of...
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johnmckeownblog
Mar 19, 20234 min
When are Directors and Officers Liable for Infringement?
A decision of the English High Court of Justice deals with the responsibility of officers and directors of a company for alleged...
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johnmckeownblog
Mar 18, 20237 min
The Importance of the Evidence in A Trademark Opposition!
A recent decision of the Federal Court of Appeal emphasizes the importance of the evidence required to succeed in a trademark opposition....
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johnmckeownblog
Mar 17, 20234 min
Confusion and Chinese Characters
A decision of the Federal Court confirms the approach to be taken concerning trademarks composed of Chinese characters and deals with bad...
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johnmckeownblog
Mar 17, 20235 min
Is the Use of Multiple Trademarks on the Same Good Acceptable?
A decision of the Federal Court deals with trademark use for both goods and services and provides an answer to the question raised above....
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johnmckeownblog
Mar 2, 20232 min
Deviating Trademark Use
Departing from the precise form of a trademark as registered is not a wise practice unless it is carefully planned and implemented by...
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johnmckeownblog
Feb 1, 20233 min
Trademark Use – Services
A trademark is deemed used in association with a service if it is used or displayed in the performance or advertising of the service in...
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johnmckeownblog
Jan 16, 202314 min
Key Trademark Decisions in 2022
2022 has again been a difficult year for trademark owners and their advisors. While the impact of the pandemic may have lessened it is...
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johnmckeownblog
Jan 16, 20234 min
Consider Summary Judgement or Trial in the Federal Court
A decision of the Federal Court illustrates the advantages associated with the summary judgement/trial approach used by the Court....
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johnmckeownblog
Jan 16, 20234 min
When is an Industrial Design Infringed?
A decision of the Federal court helps to clarify the correct approach to determine when an industrial design registration has been...
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johnmckeownblog
Jan 10, 202317 min
Notable Copyright Decisions in 2022
It has again been a busy year for copyright law. The Supreme Court of Canada has released a decision concerning the “making available...
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johnmckeownblog
Jan 3, 20233 min
Trademark Use – Goods
Last month we dealt with some of the basic rules about trademark use. This month we are dealing with the specific rules that apply to...
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johnmckeownblog
Dec 1, 20223 min
More Rules for Trademark Use
This month we are continuing with the discussion concerning trademark use. We deal with additional requirements and the practical rules...
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johnmckeownblog
Nov 14, 20224 min
Protecting the Lindt Bunny
The Facts Lindt & Sprüngli AG, (Lindt) manufactures and sells food and luxury goods, in particular chocolate items. Lindt owns two Swiss...
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johnmckeownblog
Nov 14, 20225 min
Concurrent Jurisdiction for Patent Infringement Actions
The Facts Canadian Energy Services L.P. and Canadian Energy Services Inc. (collectively, Canadian Energy) are successors in interest to...
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johnmckeownblog
Nov 11, 20224 min
What is Greenwashing?
Consumers are concerned about the environment and climate change. There is an increased demand for ‘green' products and services that are...
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johnmckeownblog
Nov 11, 20223 min
What is a Palpable and Overriding Error?
A decision of the Federal Court deals with the standard of review applicable to an appeal from the Trademarks Opposition Board. Vivo...
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johnmckeownblog
Nov 2, 20222 min
Trademarks Use
The trademark use is of fundamental importance in determining the rights of a trademark owner. The outline below shows how it works and...
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johnmckeownblog
Oct 11, 202215 min
Recent Copyright Decisions - Summer 2022
In this blog entry we deal with copyright developments in the last few months A New Media Retransmitter In Videotron Ltd v. Konek...
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johnmckeownblog
Oct 4, 20222 min
Acquisition of Rights under the Trademarks Act
Adoption The Trademarks Act contemplates that rights in a mark are acquired by adopting it. A trademark is deemed to have been adopted by...
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