Use it or Lose it
A decision of the Federal Court illustrates how section 45 can impact a trademark owner. Vass v. Leef Inc. 2022 FC 1192 Section 45 The...
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johnmckeownblog
Sep 22, 20225 min
Counterfeiters Beware!
A decision of the Federal Court deals with some interesting points concerning claims relating to the sale of counterfeit goods. Lululemon...
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johnmckeownblog
Sep 22, 20224 min
How to Deal with a Suspect Ground of Opposition?
The Federal Court and the Trademarks Opposition Board have taken a non-technical approach to considering the scope of a ground of...
31 views0 comments
johnmckeownblog
Sep 22, 20224 min
Taking Unfair Advantage of the RED BULL Trademark
A decision of the UK High Court shows that a trademark owner can prevent a third party from taking unfair advantage of their trademark....
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johnmckeownblog
Sep 20, 20221 min
Trademark Owners Must Consider What is Taking Place in the Marketplace!
Once it has been decided to seek a trademark registration a trademark owner needs to consider what is taking place in the marketplace to...
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johnmckeownblog
Aug 2, 20222 min
Why Register Your Brand Name?
A brand owner must understand how the Canadian trademark system works so that it can be used to the maximum extent possible to protect...
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johnmckeownblog
Jul 22, 20225 min
Applications Claiming Colour as a Trademark
A recent decision of the U.K. High Court of justice adds some clarity to the form of trademark applications claiming colour as a mark....
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johnmckeownblog
Jul 22, 20224 min
Online Use in an App
A decision of the UK High Court of Justice raises interesting issues relating to the online use of a trademark in association with...
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johnmckeownblog
Jul 22, 20223 min
Avoiding Genericism
The iconic shape of the GIBSON flying V electric guitar body has recently been considered by courts in the US and the European Union with...
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johnmckeownblog
Jul 22, 20225 min
Decision of the Trademarks Opposition Board Confirmed on Appeal
The Federal Court has upheld the decision of the Trademarks Opposition Board (TMOB), confirming that the marks in issue were not...
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johnmckeownblog
Jul 11, 20222 min
An Introduction to Protecting Brand Names under the Trademarks Act
The primary methods of protecting a brand name are by obtaining a registration under the Trademarks Act and by suing in the courts for...
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johnmckeownblog
Jul 5, 202217 min
Targeting & the part it plays in establishing jurisdiction in cases involving the use of trademarks
Internet Committee Report This article considers recent appellate decisions in the United Kingdom, the United States, and Canada to...
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johnmckeownblog
Jul 4, 20222 min
Social Media Influencers
Influencer marketing is very popular with brand owners in a social media context and grew significantly when the pandemic led performers...
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johnmckeownblog
Jun 1, 20224 min
Non-Compliance with the Trademarks Act Leads to an Unfavourable Result
A decision of the Federal Court illustrates the importance of proper trademark management in operating a business. The Plaintiff seems to...
45 views0 comments
johnmckeownblog
May 31, 20224 min
When is a Trademark “Clearly Descriptive”?
The Federal Court has confirmed that the Trademark Opposition Board was correct when it found that the trademark HALLMARK in association...
88 views0 comments
johnmckeownblog
May 31, 20223 min
A Clear Case for Expungement
Many applications in the Federal Court seeking expungement are relatively complex, but a recent application seems relatively...
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johnmckeownblog
May 31, 20223 min
Place of Origin
A recent decision of the Federal Court expands the grounds precluding the registration of a trademark because the Mark is clearly...
103 views0 comments
johnmckeownblog
May 30, 20225 min
Fair Dealing for the Purpose of News Reporting
In HRH The Duchess of Sussex v. Associated Newspapers Limited [2021] EWHC 723 (UK Ch.), the appeal dismissed [2021] EWCA Civ 1801 (UKCA),...
70 views0 comments
johnmckeownblog
May 11, 20222 min
Take Down Policies and Social Media Sites
Once a trademark owner has identified infringing content on a social media site, an assessment must be made concerning the steps the...
37 views0 comments
johnmckeownblog
Apr 4, 20222 min
Dealing with Unauthorized or Negative Publicity in Social Media
A brand owner needs to establish procedures for responding to false or negative product reviews and the like. Consumers are more likely...
47 views0 comments
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