top of page
Blog
Search


Why Register Your Brand Name?
A brand owner must understand how the Canadian trademark system works so that it can be used to the maximum extent possible to protect...
johnmckeownblog
Aug 2, 20222 min read
26 views
0 comments


Applications Claiming Colour as a Trademark
A recent decision of the U.K. High Court of justice adds some clarity to the form of trademark applications claiming colour as a mark....
johnmckeownblog
Jul 22, 20225 min read
99 views
0 comments


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...
johnmckeownblog
Jul 22, 20224 min read
30 views
0 comments


Avoiding Genericism
The iconic shape of the GIBSON flying V electric guitar body has recently been considered by courts in the US and the European Union with...
johnmckeownblog
Jul 22, 20223 min read
28 views
0 comments


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...
johnmckeownblog
Jul 22, 20225 min read
64 views
0 comments


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...
johnmckeownblog
Jul 11, 20222 min read
25 views
0 comments


Targeting & the part it plays in establishing jurisdiction in cases involving the use of trademarks
Internet Committee Report This article considers recent appellate decisions in the United Kingdom, the United States, and Canada to...
johnmckeownblog
Jul 5, 202217 min read
28 views
0 comments


Non-Compliance with the Trademarks Act Leads to an Unfavourable Result
A decision of the Federal Court illustrates the importance of proper trademark management in operating a business. The Plaintiff seems to...
johnmckeownblog
Jun 1, 20224 min read
46 views
0 comments


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...
johnmckeownblog
May 31, 20224 min read
92 views
0 comments


A Clear Case for Expungement
Many applications in the Federal Court seeking expungement are relatively complex, but a recent application seems relatively...
johnmckeownblog
May 31, 20223 min read
46 views
0 comments


Place of Origin
A recent decision of the Federal Court expands the grounds precluding the registration of a trademark because the Mark is clearly...
johnmckeownblog
May 31, 20223 min read
104 views
0 comments


Fair Dealing for the Purpose of News Reporting
In HRH The Duchess of Sussex v. Associated Newspapers Limited [2021] EWHC 723 (UK Ch.), the appeal dismissed [2021] EWCA Civ 1801 (UKCA),...
johnmckeownblog
May 30, 20225 min read
70 views
0 comments


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...
johnmckeownblog
May 11, 20222 min read
37 views
0 comments


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....
johnmckeownblog
Mar 14, 20224 min read
86 views
0 comments


What is Indirect Confusion?
A recent decision of the English Court of Appeal raises some interesting questions about trademark confusion and the differences between...
johnmckeownblog
Mar 14, 20224 min read
60 views
0 comments


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...
johnmckeownblog
Mar 10, 20225 min read
44 views
0 comments


The Impact of a Previous Decision of the TMOB in an Action for Statutory Passing Off
A recent decision of the Federal Court deals with a statutory claim for passing off and the effect of a prior decision of the Trademark...
johnmckeownblog
Mar 10, 20225 min read
55 views
0 comments


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...
johnmckeownblog
Mar 4, 20222 min read
47 views
0 comments


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...
johnmckeownblog
Feb 1, 20222 min read
36 views
0 comments


Key Trademark Decisions in 2021
2021 has again been a difficult year for trademark owners and their advisors. The pandemic has tested us all in profound and unexpected...
johnmckeownblog
Jan 17, 20228 min read
77 views
0 comments
bottom of page