Books, Reports and Articles

Textbooks

  • McKeown, Fox, on Canadian Law of Copyright and Industrial Designs (3rd Edition, 2000; 4th Edition, 2003) (released in looseleaf format with quarterly supplements)
     

  • Brand Management in Canadian Law (1st Edition, 2004; 2nd Edition, 2006; 3rd Edition, 2010; 4th Edition, 2016; 5th Edition, 2020)
     

  • Canadian Intellectual Property Law and Strategy: Trademarks, Copyright and Industrial Designs (1st Edition, 2010, 2013 Edition, 2014 Edition, 2015 Edition, 2016 Edition, 2017 Edition, 2018 Edition, 2020 Edition).
     

  • Getting The Deal Through? – Intellectual Property & Antitrust 2015. Contributor for Canadian Section.

Reports and Articles

  • False or Misleading Statements that Discredit a Competitor

  • Distinctiveness and Infringement

  • Bad Faith Trademark Applications

  • Linking and Copyright Infringement

  • Drafting Industrial Designs

  • Who is the Author of a Computer Program?

  • Blurred Lines

  • More Confusion Concerning Stripes

  • De Minimis Sampling and Copyright

  • No Copyright in Facts

  • Federal Court Appeal Takes a Firm Stance Against Counterfeiters

  • Developing a Filing Strategy for Industrial Designs

  • Protecting Pharmaceutical Tablets

  • Protecting Foreign Trademarks

  • When is an Actor an Author?

  • Applications for Infringement

  • The Importance of Filing the Necessary Evidence in Trademark Oppositions

  • Jurisdiction and the Internet

  • The Impact of a Design in a Trademark Dispute

  • The Legal Effects of the Use of Metatags

  • Honest Concurrent Trademark Use

  • ABA plugin posted on LinkedIn

  • An Oral Trademark License

  • Trademark Distinctiveness

  • An Unregistered Design Right?

  • Mistaken Resemblance on The Internet

  • The Channels of Trade

  • The Essential Characteristics of a Parody

  • When is a Browsewrap Agreement Enforceable? No Right to Be Forgotten

  • Put it in Writing and Sign for Copyright

  • Shaky Ground

  • An Unregistered Design Right?

  • Copyright What is Substantial Part of the Work Coping with the New Top Level Domain Names Colour and Pills Make a Bad Combination

  • When is an Actor an Author? What is a Distinguishing Guise?

  • Protecting Publicity Rights by Claiming Passing-Off

  • Copyright What is Substantial Part of the Work

  • Coping with the new top-level domain names in 2014

  • Colour and pills make a bad combination

  • Entitlement to a Trademark

  • All Important IP Audit

  • Trademark Infringement and Merchandising

  • Declarations of Non-infringement

  • Effective TPMs

  • Continuous Use

  • Canadian Trademark Reform

  • The Material Date

  • An Updated Canadian Trademark Reform Disadvantages of a Descriptive Trademark A Material Misstatement

  • A Guide to IP Audits

  • An Unregistered Design Right? Protecting Product Packaging #2

  • Report on Online Trademark Use for INTA

  • Potential Impact of New Generic Top-Level Domain Names

  • Understanding Bill C-32: Copyright Modernization Act

  • Industrial Designs in the War Between Apple and Samsung Electronics

  • Using Wayback Machine Evidence

  • What Brand Owners Need to do to Cope with the New Domain Names After Reveal Day

  • Conspiracy to Defraud by Facilitating Copyright Infringement

  • Continuous Use Required

  • The Importance of Searching for Common Law Trademarks

  • Misleading Statements About Length of Time an Advertiser Has Been in Business

  • The Federal Court of Appeal Clarifies the Approach to Be Taken Concerning Trademark Licences in Section 45 Proceedings

  • June 13 Was Reveal Day – What Do Brand Owners Need to Do? Coping with Social Media

  • Retail Business Services?

  • 24 du 24?

  • A Short Story About a Red Bus on a Monochrome Background

  • A Trademark Registration for Trade Dress

  • MARCHÉ EXPRESS New Domain Names

  • An Equitable Interest in a Patent

  • A Matter of Deference

  • Trademark Licences and Controlled Corporations

  • Summary Trial

  • Interpreting Industrial Design Registrations

  • Infringement of Design Trademarks

  • Trademark Genericism

  • The Status of the New gTLDs

  • What Is a “Sculpture” for Copyright Purposes? Can an Action Be Brought for the Infringement of a Foreign Copyright?

  • BAM!

  • CHAMPAGNE Domain Names

  • Back-Dated Copyright Assignments

  • Online Trademark Use

  • The Distinctiveness of a Trademark is Not Static

  • An Ethical Dilemma

  • Trademark Bullies Revisited

  • Trademarks North of the Border Podcast

  • Use of a Composite Mark may not be Use of a Registered Mark

  • The New gTLDs and How to Cope with Them

  • BC-BUD

  • The Edible Play Dough

  • Trademark Bullies

  • Motor Vehicle and Bicycle Marks

  • Interlocutory Injunctions in the Federal Court When Should a Trademark Opposition be Stayed? Initial Interest Confusion

  • The Transcendence of Famous Marks

  • Federal Court’s Jurisdiction is Limited

  • Technical Protection Measures

  47 Years  of Dedicated Experience

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