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Who Owns Copyright in the Works Created by Employees?
The decision of the English High Court of Justice raises some interesting issues concerning the ownership of copyright works created by...
johnmckeownblog
May 17, 20213 min read
150 views
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The Difficulties with Descriptive Trademarks
A decision of the Federal Court illustrates the potential problems that can arise relating to the use of descriptive trademarks...
johnmckeownblog
May 17, 20214 min read
130 views
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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....
johnmckeownblog
May 7, 20212 min read
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Honest Concurrent Use
The plaintiff (“Bentley Clothing”) is the owner and exclusive licensee of three trademarks consisting of the word BENTLEY registered for...
johnmckeownblog
Apr 11, 20214 min read
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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...
johnmckeownblog
Apr 11, 20214 min read
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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....
johnmckeownblog
Apr 11, 20217 min read
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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....
johnmckeownblog
Apr 11, 20215 min read
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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...
johnmckeownblog
Apr 11, 20213 min read
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Licensing Trademarks
A decision of the British Columbia Court of Appeal [2020] BCCA 323 raises concerns regarding trademark licensing. Basic Requirements To...
johnmckeownblog
Apr 11, 20214 min read
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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...
johnmckeownblog
Apr 11, 20214 min read
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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...
johnmckeownblog
Apr 11, 20216 min read
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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...
johnmckeownblog
Apr 11, 20214 min read
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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...
johnmckeownblog
Apr 11, 20213 min read
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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...
johnmckeownblog
Apr 11, 20212 min read
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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...
johnmckeownblog
Apr 11, 20214 min read
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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...
johnmckeownblog
Apr 11, 20214 min read
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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...
johnmckeownblog
Apr 11, 20213 min read
43 views
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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....
johnmckeownblog
Apr 11, 20216 min read
2 views
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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...
johnmckeownblog
Apr 11, 20213 min read
2 views
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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...
johnmckeownblog
Apr 11, 20214 min read
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