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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...
John McKeown
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...
John McKeown
Apr 11, 20213 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...
John McKeown
Apr 11, 20214 min read
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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....
John McKeown
Apr 11, 20216 min read
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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...
John McKeown
Apr 11, 20213 min read
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FACK JU GÖHTE and Public Morality
A recent decision of the European Court of Justice overturned decisions of the European Union for Intellectual Property and the General...
John McKeown
Apr 11, 20214 min read
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Latest Development Concerning Bad Faith and Trademarks
When the Government implemented its 2018 intellectual property strategy, the Trademarks Act was amended to add bad faith as a ground for...
John McKeown
Apr 11, 20213 min read
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Official Marks Reined In
A recent decision of the Federal Court of Appeal has confirmed that the registration of an official mark in the face of a claim for...
John McKeown
Apr 11, 20213 min read
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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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A Trademark Revival for Corus
A case before the Court of Queen’s Bench of Alberta raises some interesting intellectual property issues. The Facts Corus Radio Inc. and...
John McKeown
Apr 11, 20215 min read
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Site – Blocking Orders and Internet
A recent decision of the Federal Court has granted a site-blocking order against several Internet Service providers (ISPs). The...
John McKeown
Apr 11, 20214 min read
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How to Prove that a Mark is Distinctive
A recent decision of the Federal Court considers a ground of opposition based on lack of distinctiveness and reviews what evidence is...
John McKeown
Apr 11, 20214 min read
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Damages After Expungement
In November of 2017, we discussed a decision of the Federal Court of Appeal concerning a claim for trademark infringement. The Court...
John McKeown
Apr 11, 20214 min read
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Death by a Thousand Cuts
A recent decision of the Federal Court expunged the registration of a trademark on the grounds the mark was not distinctive at the time...
John McKeown
Apr 7, 20213 min read
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The Application of the Reasonableness Standard
A recent decision of a judge of the Federal Court allowed an appeal from a decision of the Hearing Officer of the Trademark Opposition...
John McKeown
Apr 7, 20213 min read
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When is Online Use of a Mark Trademark Use?
A recent decision of the Federal Court helps to clarify what needs to be shown to establish trademark use in an online context. The Facts...
John McKeown
Apr 7, 20213 min read
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Interim Injunction Granted
A judge of the Federal Court recently granted an interim injunction in a case involving patent infringement. This is very unusual. An...
John McKeown
Apr 7, 20214 min read
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