The Naked Truth about Appeals from the Trademark Opposition Board
The Supreme Court of Canada has recently changed the standard of review concerning appeals from the decisions of administrative bodies....
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johnmckeownblog
- Apr 11, 2021
- 3 min
A Charming Story – Passing Off to the Rescue!
A recent decision of the UK Court of Appeal raises some interesting issues concerning trademark infringement and passing off relating to...
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johnmckeownblog
- Apr 11, 2021
- 4 min
FACK JU GÖHTE and Public Morality
A recent decision of the European Court of Justice overturned decisions of the European Union for Intellectual Property and the General...
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johnmckeownblog
- Apr 11, 2021
- 5 min
A Trademark Revival for Corus
A case before the Court of Queen’s Bench of Alberta raises some interesting intellectual property issues. The Facts Corus Radio Inc. and...
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johnmckeownblog
- Apr 11, 2021
- 4 min
Damages After Expungement
In November of 2017, we discussed a decision of the Federal Court of Appeal concerning a claim for trademark infringement. The Court...
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johnmckeownblog
- Apr 7, 2021
- 3 min
A Summary Procedure for Removing Deadwood from The Register
A recent decision of the Federal Court has confirmed a general approach concerning section 45 proceedings. The Facts The registrant owned...
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johnmckeownblog
- Apr 7, 2021
- 3 min
More Scandalous, Obscene or Immoral Trademarks
In January 2018 we discussed this bar to the registration of trademarks in Canada. The issue is in the press again as the result of a...
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johnmckeownblog
- Apr 7, 2021
- 3 min
Kawhi Leonard Faces Nike in Copyright Challenge
Recently the lawsuit commenced by Kawhi Leonard against Nike and Nike’s response has attracted significant attention. The dispute also...
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johnmckeownblog
- Apr 7, 2021
- 4 min
Passing off and an Expunged Trademark Registration
A recent decision of the Federal Court relates to a claim for passing off and considers the effect of the expungement of the plaintiff’s...
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johnmckeownblog
- Apr 7, 2021
- 4 min
Targeting, Jurisdiction and the Internet
A recent UK decision has considered whether the defendant’s use of a trademark on the Internet would allow an action in the UK to...
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johnmckeownblog
- Apr 6, 2021
- 4 min
Profit and Trademark Use
A recent decision of the Federal Court of Appeal adds clarity to the requirement to show use under the Trademarks Act for goods. The...
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johnmckeownblog
- Apr 6, 2021
- 4 min
The Importance of Appropriate State of the Register Evidence
A recent decision of the Federal Court relates to an appeal from the Trademark Opposition Board which turned on the state of register...
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johnmckeownblog
- Apr 6, 2021
- 7 min
Key Copyright Decisions in 2018
It has been a very interesting year in the Copyright world with a number of significant decisions being released. The interface between...
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johnmckeownblog
- Apr 6, 2021
- 4 min
Infringing Use and Distinctiveness
A recent decision of the Federal Court of Appeal provides a useful summary of the law concerning the effect of infringing use on the...
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johnmckeownblog
- Apr 4, 2021
- 2 min
Dealing with the Sale of Counterfeits on the Internet
A lot of counterfeit activity takes place on the Internet which can be detrimental to your brand. Learn how to protect your business today.
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