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...
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johnmckeownblog
Jul 22, 20225 min read
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....
96 views0 comments
johnmckeownblog
Jul 22, 20224 min read
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...
30 views0 comments
johnmckeownblog
Jul 22, 20223 min read
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...
28 views0 comments
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...
64 views0 comments
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 5, 202217 min read
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...
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johnmckeownblog
Jun 1, 20224 min read
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...
46 views0 comments
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
A Clear Case for Expungement
Many applications in the Federal Court seeking expungement are relatively complex, but a recent application seems relatively...
46 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 30, 20225 min read
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),...
70 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...
37 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...
59 views0 comments
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...
44 views0 comments
johnmckeownblog
Mar 10, 20225 min read
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...
55 views0 comments
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...
46 views0 comments
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...
36 views0 comments
johnmckeownblog
Jan 17, 20228 min read
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...
77 views0 comments
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