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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...
John McKeown
May 14, 20246 min read
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....
John McKeown
May 13, 20244 min read
Targeting and Infringement by Selling Goods on the Internet
An essential feature of trademark law is that it provides only territorial protection to the proprietor of a mark in the territory or...
John McKeown
May 13, 20244 min read
How to Determine When Trademarks are Confusing? - Part1
Last month we discussed the importance of “confusion” from a brand owner’s point of view. This month we are discussing the general...
John McKeown
May 3, 20242 min read
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...
John McKeown
Apr 3, 20243 min read
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...
John McKeown
Mar 22, 20244 min read
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...
John McKeown
Mar 21, 20245 min read
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...
John McKeown
Mar 21, 20244 min read
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...
John McKeown
Mar 21, 20244 min read
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...
John McKeown
Mar 1, 20242 min read
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...
John McKeown
Feb 2, 20242 min read
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...
John McKeown
Jan 31, 20245 min read
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...
John McKeown
Jan 31, 202417 min read
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...
John McKeown
Jan 31, 20243 min read
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...
John McKeown
Jan 31, 20243 min read
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...
John McKeown
Jan 31, 20243 min read
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...
John McKeown
Jan 8, 20242 min read
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...
John McKeown
Dec 5, 20232 min read
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...
John McKeown
Nov 22, 20234 min read
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...
John McKeown
Nov 21, 20234 min read
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