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The Same Old Song
2572495 Ontario Inc., carrying on business as Vacuum Parts Canada (VPC), sought an interlocutory injunction to stop the defendants from...
John McKeown
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...
John McKeown
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...
John McKeown
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...
John McKeown
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...
John McKeown
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...
John McKeown
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...
John McKeown
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...
John McKeown
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...
John McKeown
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...
John McKeown
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...
John McKeown
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...
John McKeown
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...
John McKeown
Jul 17, 20234 min read


The Opponent’s Onus
Ebox Inc. (the Applicant) applied for the trademark EBOX TV (the Mark) based on proposed use in Canada in association with services...
John McKeown
Jul 14, 20234 min read


Trademark Infringement and Freedom of Expression
A recent decision of the Supreme Court of the United States has considered the balance between the rights of a trademark owner and the...
John McKeown
Jul 13, 20233 min read


Checks and Balances in the Section 45 Regime
Shaoguan Risen Trading Corporation Ltd., (the “Applicant”) owns a trademark registration for the trademark DOUBLE SWALLOW BRAND & DESIGN...
John McKeown
Jul 12, 20233 min read


Examination of Trademark Applications
It is taking approximately 50 months for CIPO to examine a trademark application. This is a national embarrassment which just does not...
John McKeown
Jul 4, 20232 min read


What’s Included in a Trademark Application - Part II
A Representaion or Description The requirement to provide a “drawing” has been replaced with the broader concept of a “representation” or...
John McKeown
May 31, 20233 min read


The Importance of the Use of Colour in a Trademark
A decision of the English High Court of Justice raises some interesting trademark and branding issues. Lidl Great Britain Ltd v Tesco...
John McKeown
May 12, 20236 min read


A Palpable and Overriding Error Must be Shown to Successfully Appeal From an Examiners Refusal
A Palpable and Overriding Error Must be Shown to Successfully Appeal From an Examiner's Refusal Tweak-D Inc. v. Attorney General of...
John McKeown
May 11, 20234 min read
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