Online Use in an App
A decision of the UK High Court of Justice raises interesting issues relating to the online use of a trademark in association with...
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johnmckeownblog
Jul 22, 20225 min read
Decision of the Trademarks Opposition Board Confirmed on Appeal
The Federal Court has upheld the decision of the Trademarks Opposition Board (TMOB), confirming that the marks in issue were not...
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johnmckeownblog
Jul 11, 20222 min read
An Introduction to Protecting Brand Names under the Trademarks Act
The primary methods of protecting a brand name are by obtaining a registration under the Trademarks Act and by suing in the courts for...
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johnmckeownblog
Jul 4, 20222 min read
Social Media Influencers
Influencer marketing is very popular with brand owners in a social media context and grew significantly when the pandemic led performers...
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johnmckeownblog
May 31, 20224 min read
When is a Trademark “Clearly Descriptive”?
The Federal Court has confirmed that the Trademark Opposition Board was correct when it found that the trademark HALLMARK in association...
88 views0 comments
johnmckeownblog
May 31, 20223 min read
Place of Origin
A recent decision of the Federal Court expands the grounds precluding the registration of a trademark because the Mark is clearly...
103 views0 comments
johnmckeownblog
May 11, 20222 min read
Take Down Policies and Social Media Sites
Once a trademark owner has identified infringing content on a social media site, an assessment must be made concerning the steps the...
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johnmckeownblog
Apr 3, 20222 min read
Dealing with Unauthorized or Negative Publicity in Social Media
A brand owner needs to establish procedures for responding to false or negative product reviews and the like. Consumers are more likely...
47 views0 comments
johnmckeownblog
Mar 14, 20224 min read
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....
86 views0 comments
johnmckeownblog
Mar 14, 20224 min read
What is Indirect Confusion?
A recent decision of the English Court of Appeal raises some interesting questions about trademark confusion and the differences between...
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johnmckeownblog
Mar 10, 20225 min read
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...
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johnmckeownblog
Mar 4, 20222 min read
Hashtags
A hashtag is a type of label used on numerous social media sites, which makes it easier for users to find messages with a specific theme...
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johnmckeownblog
Feb 1, 20222 min read
Usernames
Typically, each user of a social media site will have an individual username assigned to them that consists of a URL. Brand owners should...
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johnmckeownblog
Jan 5, 20222 min read
What Should Brands Consider When Using Social Media?
The emergence of social media sites such as Meta (formerly Facebook), Twitter and Instagram has materially affected brand owners. These...
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johnmckeownblog
Nov 19, 20215 min read
Comparative Advertising and Section 22 of the Trademarks Act
A recent decision of the Quebec Court of Appeal illustrates the rather unexpected ways that the Trademarks Act can apply to comparative...
171 views0 comments
johnmckeownblog
Nov 19, 20214 min read
Sound Marks Must Be Distinctive To Be Registered
A recent decision of the General Court of the European Union raises interesting questions concerning sound marks and their...
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johnmckeownblog
Nov 19, 20216 min read
Word Games
A recent U.K. decision illustrates that the determination of whether two competing trademarks are confusing involves considerable...
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johnmckeownblog
Oct 13, 20212 min read
Search Engine Rankings
What are they? Search Engine Ranking refers to the process search engines use to determine where a particular piece of content should...
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johnmckeownblog
Sep 2, 20213 min read
Keywords In Online Advertising
Search engine advertising is a multi-billion-dollar industry in the United States. The major search engine operators sell keywords to...
66 views0 comments
johnmckeownblog
Jul 19, 20215 min read
What is a Statutory Claim for Passing Off?
The common law cause of action for passing off has a lengthy history. The claim has evolved to take into account changing commercial...
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