johnmckeownblogMay 305 minFair 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),...
johnmckeownblogMar 144 minA Questionable Choice of a MarkA decision of the Federal Court raises issues concerning the Applicant’s choice of its primary trademark. Blyth Cowbells Brewing Inc. v....
johnmckeownblogMar 105 minA Difficult Product LaunchA recent decision of the English High Court of Justice illustrates the broader scope of protection typically given to a trademark that...
johnmckeownblogMar 105 minThe Impact of a Previous Decision of the TMOB in an Action for Statutory Passing OffA recent decision of the Federal Court deals with a statutory claim for passing off and the effect of a prior decision of the Trademark...
johnmckeownblogJan 3116 minNotable Copyright Decisions in 2021Notable Copyright Decisions in 2021 It has been a busy year for copyright law. The Supreme Court of Canada has released one decision...
johnmckeownblogJul 19, 20214 minTikTok Sued Concerning Inappropriate Use of a VoiceA recent lawsuit filed against TikTok in the United States raises interesting issues concerning the rights of individuals providing...
johnmckeownblogJul 19, 20215 minHow to Prove Bad FaithA recent decision of the English High Court provides additional insight into the meaning of “bad faith" in a trademark context and the...
johnmckeownblogJul 19, 20215 minDo Not Be Overly Optimistic or Aggressive When Attempting to Obtain a Trademark RegistrationA decision of the Federal Court illustrates important lessons concerning choosing a mark and trademark infringement.
johnmckeownblogMay 18, 20214 minThe Trials and Tribulations of Weak TrademarksA recent decision of the Federal Court dealt with entitlement to the trademark SMART CLOUD and its lack of inherent distinctiveness....
johnmckeownblogMay 18, 20213 minWho 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...
johnmckeownblogMay 18, 20214 minThe Difficulties with Descriptive TrademarksA decision of the Federal Court illustrates the potential problems that can arise relating to the use of descriptive trademarks...
johnmckeownblogMay 18, 20213 minBreach of Confidence and the New EmployerA decision of the English Court of Appeal allowed a claim for breach of confidence against the “new” employer who obtained possession of...
johnmckeownblogApr 12, 20212 minDealing with the Sale of Counterfeits on the InternetThe sale of counterfeit goods is a significant worldwide issue. After initial studies carried out by the Organization for Economic...
johnmckeownblogApr 12, 20214 minHonest Concurrent UseThe plaintiff (“Bentley Clothing”) is the owner and exclusive licensee of three trademarks consisting of the word BENTLEY registered for...
johnmckeownblogApr 12, 20214 minAn Opponent Needs to Carefully Consider the Evidence to be filed with the Trademark Opposition BoardIt can be difficult to determine what evidence to file to support the opposition. At an early stage, the issues may be difficult to...
johnmckeownblogApr 12, 20217 minNotable Trademark Decisions in 20202020 has been a difficult year for trademark owners and their advisors. The pandemic has tested us all in profound and unexpected ways....
johnmckeownblogApr 12, 20215 minProtecting Fashion Goods in CanadaA decision of the English High Court, [2020] EWHC 3032 recently released, shows how protection can be obtained for fashion goods....
johnmckeownblogApr 12, 20213 minThe Importance of Obtaining a Trademark RegistrationA decision of the Federal Court of Appeal, released on December 9, 2020, Group III International Ltd. v. Travelway Group International...
johnmckeownblogApr 11, 20214 minLicensing TrademarksA decision of the British Columbia Court of Appeal [2020] BCCA 323 raises concerns regarding trademark licensing. Basic Requirements To...
johnmckeownblogApr 11, 20216 minFederal Court of Appeal Confirms that Trademark Services Should Be Liberally ConstruedA recent decision of the Federal Court of Appeal [2020 FCA 134] has confirmed a trial decision [2018 FC 895] which considered the concept...