An Ineffective Self-help Remedy
A recent decision of the Federal Court allowed the plaintiff claims for copyright infringement and passing off arising out of a dispute...
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johnmckeownblog
Jan 16, 20224 min read
What is the Standard of Review for Appeals from the Trademarks Opposition Board?
The Federal Court of Appeal has confirmed that it is not appropriate to set aside decisions made by Hearing Officers of the Trademarks...
69 views0 comments
johnmckeownblog
Dec 1, 20212 min read
Jurisdiction and Trademark Infringement on the Internet
The ability of a trademark owner to enforce its trademark rights on the Internet frequently depends on establishing jurisdiction. The...
144 views0 comments
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
Nov 19, 20216 min read
Be Careful When Presenting Evidence In A Trademark Opposition!
A recent decision of the Federal Court raises interesting issues concerning the evidence required to succeed in a trademark opposition....
130 views0 comments
johnmckeownblog
Nov 1, 20212 min read
Linking and Framing
The concept of linking is fundamental to the Internet. Linking occurs when an image or reference on a website is selected, causing that...
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johnmckeownblog
Sep 29, 20215 min read
The Effect of Prior Use on Registered Trademark
A decision of the Federal Court deals with who is entitled to use and register a trademark/tradename. Norsteel Building Systems Ltd. v....
183 views0 comments
johnmckeownblog
Sep 29, 20215 min read
Targeting and the Long Arm of the U.K. Courts
A decision of the U.K. High Court of Justice illustrates the long reach of the U.K. courts in a trademark context. Easy Group Limited v....
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johnmckeownblog
Sep 29, 20214 min read
The Latest Word on Bad Faith
There have been numerous recent decisions in the U.K. and the E.U., relating to bad faith by an applicant for a trademark. In addition,...
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johnmckeownblog
Sep 29, 20215 min read
Internet Survey Ruled Inadmissible
A recent decision of the Federal Court has concluded that an online survey was not admissible in determining whether the parties’...
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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...
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johnmckeownblog
Aug 10, 20213 min read
What is a Metatag? Can Claims Be Asserted For Their Misuse?
A metatag is a computer code included on a website that is invisible to an individual but which enables a search engine or a web browser...
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johnmckeownblog
Jul 19, 20212 min read
Pop-Up Advertisements and Mouse Trapping
Pop-up Advertisements Pop-up advertisements are used to catch consumer’s attention. A pop-up advertisement is a window not initiated by a...
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johnmckeownblog
Jul 19, 20214 min read
TikTok Sued Concerning Inappropriate Use of a Voice
A recent lawsuit filed against TikTok in the United States raises interesting issues concerning the rights of individuals providing...
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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...
124 views0 comments
johnmckeownblog
Jul 19, 20215 min read
How to Prove Bad Faith
A recent decision of the English High Court provides additional insight into the meaning of “bad faith" in a trademark context and the...
183 views0 comments
johnmckeownblog
Jul 19, 20215 min read
Do Not Be Overly Optimistic or Aggressive When Attempting to Obtain a Trademark Registration
A decision of the Federal Court illustrates important lessons concerning choosing a mark and trademark infringement.
121 views0 comments
johnmckeownblog
May 17, 20214 min read
The Trials and Tribulations of Weak Trademarks
A recent decision of the Federal Court dealt with entitlement to the trademark SMART CLOUD and its lack of inherent distinctiveness....
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