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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...
johnmckeownblog
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...
johnmckeownblog
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...
johnmckeownblog
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...
johnmckeownblog
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...
johnmckeownblog
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...
johnmckeownblog
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...
johnmckeownblog
Nov 21, 20234 min read


The Same Old Song
2572495 Ontario Inc., carrying on business as Vacuum Parts Canada (VPC), sought an interlocutory injunction to stop the defendants from...
johnmckeownblog
Nov 21, 20234 min read


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...
johnmckeownblog
Nov 21, 20235 min read


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...
johnmckeownblog
Nov 14, 20237 min read


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...
johnmckeownblog
Oct 31, 20232 min read


Registration of a Trademark
This month we are discussing the process for obtaining a registration and problems with the system. Under the current Trademarks Act when...
johnmckeownblog
Oct 3, 20232 min read


“Bad Faith” as a Ground of Opposition
A decision of the Federal Court has dismissed an appeal from a decision of the Trademark Opposition Broad. (Spirit Bear Coffee Company...
johnmckeownblog
Sep 15, 20234 min read


When Can a Mark be Protected as a Geographical Indication?
A decision of the General Court of the European Union raises some interesting considerations concerning protecting a geographical...
johnmckeownblog
Sep 15, 20233 min read


Protecting the Bitcoin File Format
A decision of the UK Court of Appeal has found that copyright likely subsists in the Bitcoin File Format and provides a detailed summary...
johnmckeownblog
Sep 15, 20234 min read


15% or 20% longer Lasting
A recent decision of the Federal Court provides a detailed review of alleged comparative advertising. Energizer Brands, LLC v. Gillette...
johnmckeownblog
Sep 13, 20234 min read


Territorial Extension under the Madrid Protocol to Canada
In our previous blog Madrid Protocal Applications we discussed applications for an International Registration where the Canadian...
johnmckeownblog
Sep 6, 20234 min read


Recent Copyright Developments - summer 2023
In this blog entry we deal with copyright developments in the last few months The Ontario Court of Appeal has refused to extend the right...
johnmckeownblog
Aug 4, 20233 min read


Madrid Protocol Applications
The Madrid System is a solution for registering and managing trademarks on a worldwide basis. A single international trademark...
johnmckeownblog
Aug 2, 20233 min read


No More Worldwide Trademarks
A decision of the Supreme Court of the United States has concluded that a plaintiff must show use in commerce in the United States of the...
johnmckeownblog
Jul 17, 20234 min read
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