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),...
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johnmckeownblog
- Mar 14, 2022
- 4 min
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....
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johnmckeownblog
- Mar 10, 2022
- 5 min
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...
39 views0 comments
johnmckeownblog
- Mar 10, 2022
- 5 min
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...
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johnmckeownblog
- Jan 31, 2022
- 16 min
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...
226 views0 comments
johnmckeownblog
- Jul 19, 2021
- 4 min
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...
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johnmckeownblog
- Jul 19, 2021
- 5 min
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...
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johnmckeownblog
- Jul 19, 2021
- 5 min
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.
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johnmckeownblog
- May 17, 2021
- 4 min
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....
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johnmckeownblog
- May 17, 2021
- 3 min
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...
146 views0 comments
johnmckeownblog
- May 17, 2021
- 4 min
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...
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johnmckeownblog
- May 17, 2021
- 3 min
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...
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johnmckeownblog
- Apr 12, 2021
- 2 min
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...
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johnmckeownblog
- Apr 11, 2021
- 4 min
Honest Concurrent Use
The plaintiff (“Bentley Clothing”) is the owner and exclusive licensee of three trademarks consisting of the word BENTLEY registered for...
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johnmckeownblog
- Apr 11, 2021
- 4 min
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...
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johnmckeownblog
- Apr 11, 2021
- 7 min
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....
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johnmckeownblog
- Apr 11, 2021
- 5 min
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....
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johnmckeownblog
- Apr 11, 2021
- 3 min
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...
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johnmckeownblog
- Apr 11, 2021
- 4 min
Licensing Trademarks
A decision of the British Columbia Court of Appeal [2020] BCCA 323 raises concerns regarding trademark licensing. Basic Requirements To...
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johnmckeownblog
- Apr 11, 2021
- 6 min
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...
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