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What is a Palpable and Overriding Error?
A decision of the Federal Court deals with the standard of review applicable to an appeal from the Trademarks Opposition Board. Vivo...
John McKeown
Nov 11, 20223 min read


Trademarks Use
The trademark use is of fundamental importance in determining the rights of a trademark owner. The outline below shows how it works and...
John McKeown
Nov 2, 20222 min read


Recent Copyright Decisions - Summer 2022
In this blog entry we deal with copyright developments in the last few months A New Media Retransmitter In Videotron Ltd v. Konek...
John McKeown
Oct 11, 202215 min read


Acquisition of Rights under the Trademarks Act
Adoption The Trademarks Act contemplates that rights in a mark are acquired by adopting it. A trademark is deemed to have been adopted by...
John McKeown
Oct 4, 20222 min read


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...
John McKeown
Sep 22, 20224 min read


Counterfeiters Beware!
A decision of the Federal Court deals with some interesting points concerning claims relating to the sale of counterfeit goods. Lululemon...
John McKeown
Sep 22, 20225 min read


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...
John McKeown
Sep 22, 20224 min read


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....
John McKeown
Sep 22, 20224 min read


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...
John McKeown
Sep 20, 20221 min read


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...
John McKeown
Aug 2, 20222 min read


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....
John McKeown
Jul 22, 20225 min read


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...
John McKeown
Jul 22, 20224 min read


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...
John McKeown
Jul 22, 20223 min read


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...
John McKeown
Jul 22, 20225 min read


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...
John McKeown
Jul 11, 20222 min read


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...
John McKeown
Jul 5, 202217 min read


Social Media Influencers
Influencer marketing is very popular with brand owners in a social media context and grew significantly when the pandemic led performers...
John McKeown
Jul 4, 20222 min read


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...
John McKeown
Jun 1, 20224 min read


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...
John McKeown
May 31, 20224 min read


A Clear Case for Expungement
Many applications in the Federal Court seeking expungement are relatively complex, but a recent application seems relatively...
John McKeown
May 31, 20223 min read
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