John McKeown

IP lawyer providing advocacy and advice concerning intellectual property & related matters. Certified by LSUC as a specialist in IP Law - Trade Marks/Copyright

[John McKeown @mckeown15]

Functionality and Shape Marks: Lessons from an EU Decision
A decision of the EU General Court concerns the registrability of a three-dimensional trademark for packaging.
https://t.co/din1X7cRbA
# trademarks

[John McKeown @mckeown15]

Trademarks -The Interest of Justice Applied
We previously discussed the requirement that parties obtain leave before filing additional evidence on an appeal. The Federal Court has now applied the same test to refuse leave.
https://t.co/3aogI6d8AX
#trademarks

[John McKeown @mckeown15]

False or Misleading Statements that Discredit a Competitor
The Trademarks Act prohibits the making of a false or misleading statement tending to discredit the business, goods, or services of a competitor. When is the subsection is applicable?
https://t.co/IBPCgU9Nlr
# trademarks

[John McKeown @mckeown15]

False or Misleading Statements that Discredit a Competitor
The Trademarks Act prohibits the making a false or misleading statement tending to discredit the business of a competitor. A recent decision clarifies when the subsection applies.
https://t.co/IBPCgU9Nlr
# trademarks

[John McKeown @mckeown15]

A Sweet Case – Completed
The decision illustrates that correct trademark “use” is a of fundamental importance to ensure trademarks registrations can be maintained
https://t.co/yDrUd6aHME
#trademarks

[John McKeown @mckeown15]

Managing Brand Risk: What Businesses Need to Know
Our webinar took place on May 5, 2025. If you missed it, here's a link to a recording.
https://t.co/D3VqLELw5U

[John McKeown @mckeown15]

Passing Off and the Importance of Evidence
How much evidence is enough —particularly where the parties are not-for-profit organizations and the alleged goodwill arises from a single event? Credible, well-documented early use can be decisive.
https://t.co/Klg9Zqc5nW
# passing off

[John McKeown @mckeown15]

Federal Court of Appeal Clarifies Test for Clearly Descriptive Trademarks
A trademark which when sounded, is clearly descriptive of the services may still be unregistrable despite accompanying design features. https://t.co/v1E5iZA91d
#trademarks #clearly descriptive

[John McKeown @mckeown15]

An Update on Copyright, Industrial Designs and Breach of Confidence Developments in 2026
Since our last report there have been a number of developments.
https://t.co/kT5sK1DD8f

[John McKeown @mckeown15]

Drip Pricing and Misleading Representations
The Federal Court of Appeal, confirmed a penalty of more than $38,000,000, concerning drip pricing. Cineplex Inc. v. Commissioner of Competition 2026 FCA 10
https://t.co/YADnzZQXQg
#Competition Act

[John McKeown @mckeown15]

The Admissibility of Online Surveys
The Federal Court of Appeal said it was not appropriate to unequivocally rule out the admissibility of such evidence.
https://t.co/WQHZvyI1Ds
#trademarks

[John McKeown @mckeown15]

The Importance of Inherent Distinctiveness in Trademark Confusion
A decision of the Federal Court confirms that a lack of inherent distinctiveness was the most important element in determining whether the marks in issue were confusing.
https://t.co/Wn6yk8u8UQ
#trademarks

[John McKeown @mckeown15]

Federal Court Confirms the Importance of Inherent Distinctiveness in Trademark Confusion
Lack of inherent distinctiveness was the most important element in determining whether the marks in issue were confusing. https://t.co/Wn6yk8u8UQ
#trademarks

[John McKeown @mckeown15]

Federal Court Clarifies Leave Requirement for New Evidence in Trademark Appeals
The Court recently set out the factors to be considered.
https://t.co/P23I71Rmnn
#Trademark Litigation

[John McKeown @mckeown15]

Federal Court of Appeal Confirms Patients Are Relevant Consumers in a Trademark Confusion Analysis for Competing Pharmaceutical Products
https://t.co/9aRbjSqyh4
#trademarks

[John McKeown @mckeown15]

A Real and Substantial Connection: Ontario Court Confirms Jurisdiction in AI Copyright Case
The Court has issued an important decision concerning infringement asserted against AI companies.
https://t.co/Keo6d5LsMY
#copyright

[John McKeown @mckeown15]

Key Trademark Developments and Practical Guidance for 2025
The past year has brought significant changes and clarifications in Canadian trademark law. #trademarks
https://t.co/EEsgmtrbHs

[John McKeown @mckeown15]

An Update on Copyright, Industrial Designs and Breach of Confidence Developments in 2025
The past year has brought a wave of developments in copyright, industrial design, and breach of confidence law,
#copyright #industrial designs
https://t.co/CdNdAIqIeo

[John McKeown @mckeown15]

A Real and Substantial Connection: Ontario Court Confirms Jurisdiction in AI Copyright Case
The Court has issued an important decision concerning infringement asserted against AI companies. https://t.co/Keo6d5LsMY
#copyright

[John McKeown @mckeown15]

The Guardians Case/ A Cautionary Tale in Seeking Interlocutory Relief
When two of Canada’s largest providers of inpatient and outpatient mental health services clashed over the use of the term “GUARDIANS,” the plaintiff sought an interlocutory injunction
https://t.co/XNbODFSmBm