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Breach of Confidence and the New Employer
A decision of the English Court of Appeal allowed a claim for breach of confidence against the “new” employer who obtained possession of...
John McKeown
May 17, 20213 min read


Criticism or Gripe Sites
There have been a number of cases both in the courts and under the UDRP and CDRP involving parody sites or sites for critical commentary....
John McKeown
May 7, 20212 min read


Dealing with the Sale of Counterfeits on the Internet
The sale of counterfeit goods is a significant worldwide issue. After initial studies carried out by the Organization for Economic...
John McKeown
Apr 12, 20212 min read


Honest Concurrent Use
The plaintiff (“Bentley Clothing”) is the owner and exclusive licensee of three trademarks consisting of the word BENTLEY registered for...
John McKeown
Apr 11, 20214 min read


An Opponent Needs to Carefully Consider the Evidence to be filed with the Trademark Opposition Board
It can be difficult to determine what evidence to file to support the opposition. At an early stage, the issues may be difficult to...
John McKeown
Apr 11, 20214 min read


Notable Trademark Decisions in 2020
2020 has been a difficult year for trademark owners and their advisors. The pandemic has tested us all in profound and unexpected ways....
John McKeown
Apr 11, 20217 min read


Protecting Fashion Goods in Canada
A decision of the English High Court, [2020] EWHC 3032 recently released, shows how protection can be obtained for fashion goods....
John McKeown
Apr 11, 20215 min read


The Importance of Obtaining a Trademark Registration
A decision of the Federal Court of Appeal, released on December 9, 2020, Group III International Ltd. v. Travelway Group International...
John McKeown
Apr 11, 20213 min read


Misuse of confidential Information and More
A decision of the UK Court of Appeal, [2020] EWCA Civ 1300 released in October clarifies the rights relating to breach of confidence and...
John McKeown
Apr 11, 20214 min read


Federal Court of Appeal Confirms that Trademark Services Should Be Liberally Construed
A recent decision of the Federal Court of Appeal [2020 FCA 134] has confirmed a trial decision [2018 FC 895] which considered the concept...
John McKeown
Apr 11, 20216 min read


Trademark Infringement Concerning an App
A recent decision of a Judge of the English High Court [2020] EWHC 713 provides a possible approach to the enforcement of trademark...
John McKeown
Apr 11, 20214 min read


Trademark Use by an Affiliate
A recent decision of the Federal Court of Appeal clarifies when the use of a trademark by an affiliate of the trademark owner accrues to...
John McKeown
Apr 11, 20213 min read


What is Cybersquatting and Cyberpiracy?
Cybersquatting Cybersquatting occurs when a third party registers a domain name consisting of, or similar to, a brand name to which they...
John McKeown
Apr 11, 20212 min read


Obtaining Trademark Registrations for Domain Names
A recent decision of the US Supreme Court has attracted significant publicity. In the decision, the court disagreed with the USPTO and...
John McKeown
Apr 11, 20214 min read


What is Deviating Trademark Use?
A recent decision of the Federal Court deals with section 45 proceedings and whether the use of a variant of the registered trademark by...
John McKeown
Apr 11, 20214 min read


Computer Games and Cheat Software
A recent decision of the High Court of Justice in the United Kingdom considered the use of cheat software for the video game called Grand...
John McKeown
Apr 11, 20213 min read


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....
John McKeown
Apr 11, 20216 min read


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...
John McKeown
Apr 11, 20213 min read


Importance of Good Fences
A recent decision of the Federal Court illustrates the importance of clearly understanding the nature of a business venture and the...
John McKeown
Apr 11, 20214 min read


Notable Trademark Decisions in 2019 – Outlook for 2020
2019 has been a momentous year for trademark owners and their advisors. We have experienced the culmination of the trademark reform...
John McKeown
Apr 11, 20217 min read
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