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By John McKeown
A brand owner should understand what common law rights are and how they can interact with registered trademarks.
By John McKeown
brand owner should understand how the trademark registration system works since, in the vast majority of cases, the brand name can be protected under the Act as a trademark.
By John McKeown
A recent decision of the British Columbia Court of Appeal considered the grant of an interlocutory injunction to restrain the publication of a Documentary critical of the plaintiff.
By John McKeown
A recent decision of the U.K Court of Appeal illustrates the difficulties in enforcing trademarks consisting of the shape of goods.
By John McKeown
In the September 2016 newsletter we referred to a decision of the Federal Court that reached a surprising result concerning a claim for infringement of a registered trademark.
By John McKeown
A recent decision of the Federal Court clarifies when the distribution of samples of products is use of the trademark.
By John McKeown
When a brand name is used internationally additional issues can arise.
By John McKeown
An industrial design registration can protect the ornamental or aesthetic aspect of a product.
By Ronald Miller
The Ontario Bar Association has designated November as "Make a Will Month".
By John McKeown
Name changes and rebrands are closely related to choosing a brand name.
By John McKeown
A recent decision of the English Court of Appeal considered a defence alleging informative use of a third party's trademark.
By John McKeown
A recent decision of the Federal Court relating to a claim of trademark infringement considered a defence based on alleged functionality of the trademarks in issue.
By John McKeown
Recent decisions of the Federal Court of Appeal and the Ontario Superior Court of Justice raise some concerns about the interaction between IP rights and the Competition Act.
By John McKeown
The registration of trademarks categorized as "scandalous, obscene or immoral" marks are in issue in both the United States and Canada.
By John McKeown
We previously discussed issues relating to choosing a new brand name.
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