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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...
johnmckeownblog
May 11, 20234 min read
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When Not to Seek a Summary Trial!
When Not to Seek a Summary Trial! Dermaspark Products Inc v. Patel 2023 FC 388 A defendant categorized the plaintiff’s claims as an...
johnmckeownblog
May 10, 20235 min read
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A Fight to the Finish
A decision of the Federal Court deals with abandonment of registered trademark as well as bad faith. Travel Leaders Group, LLC v. 2042923...
johnmckeownblog
May 8, 20236 min read
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What’s Included in a Trademark Application
An application for the registration of a trademark for goods or services may be filed if the applicant is using or proposes to use, and...
johnmckeownblog
Apr 28, 20233 min read
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Recent Copyright Decisions
In this blog entry we deal with copyright developments in the last few months. The General Term of Protection The general term of...
johnmckeownblog
Apr 11, 20234 min read
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Entitlement
Under the amended Trademarks Act after June 17, 2019, the rules for determining priority have been changed because of the elimination of...
johnmckeownblog
Apr 5, 20232 min read
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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...
johnmckeownblog
Mar 19, 20234 min read
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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....
johnmckeownblog
Mar 18, 20237 min read
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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...
johnmckeownblog
Mar 17, 20234 min read
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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....
johnmckeownblog
Mar 17, 20235 min read
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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...
johnmckeownblog
Mar 2, 20232 min read
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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...
johnmckeownblog
Feb 1, 20233 min read
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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...
johnmckeownblog
Jan 16, 202314 min read
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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....
johnmckeownblog
Jan 16, 20234 min read
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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...
johnmckeownblog
Jan 16, 20234 min read
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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...
johnmckeownblog
Jan 10, 202317 min read
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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...
johnmckeownblog
Jan 3, 20233 min read
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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...
johnmckeownblog
Dec 1, 20223 min read
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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...
johnmckeownblog
Nov 14, 20224 min read
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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...
johnmckeownblog
Nov 14, 20225 min read
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