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Fair 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),...
johnmckeownblog
May 30, 20225 min read
A Questionable Choice of a Mark
A decision of the Federal Court raises issues concerning the Applicant’s choice of its primary trademark. Blyth Cowbells Brewing Inc. v....
johnmckeownblog
Mar 14, 20224 min read
A Difficult Product Launch
A recent decision of the English High Court of Justice illustrates the broader scope of protection typically given to a trademark that...
johnmckeownblog
Mar 10, 20225 min read
The Impact of a Previous Decision of the TMOB in an Action for Statutory Passing Off
A recent decision of the Federal Court deals with a statutory claim for passing off and the effect of a prior decision of the Trademark...
johnmckeownblog
Mar 10, 20225 min read
Notable Copyright Decisions in 2021
Notable Copyright Decisions in 2021 It has been a busy year for copyright law. The Supreme Court of Canada has released one decision...
johnmckeownblog
Jan 31, 202216 min read
TikTok Sued Concerning Inappropriate Use of a Voice
A recent lawsuit filed against TikTok in the United States raises interesting issues concerning the rights of individuals providing...
johnmckeownblog
Jul 19, 20214 min read
How to Prove Bad Faith
A recent decision of the English High Court provides additional insight into the meaning of “bad faith" in a trademark context and the...
johnmckeownblog
Jul 19, 20215 min read
Do Not Be Overly Optimistic or Aggressive When Attempting to Obtain a Trademark Registration
A decision of the Federal Court illustrates important lessons concerning choosing a mark and trademark infringement.
johnmckeownblog
Jul 19, 20215 min read
The Trials and Tribulations of Weak Trademarks
A recent decision of the Federal Court dealt with entitlement to the trademark SMART CLOUD and its lack of inherent distinctiveness....
johnmckeownblog
May 17, 20214 min read
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
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
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...
johnmckeownblog
May 17, 20213 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...
johnmckeownblog
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...
johnmckeownblog
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...
johnmckeownblog
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....
johnmckeownblog
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....
johnmckeownblog
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...
johnmckeownblog
Apr 11, 20213 min read
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
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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