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...
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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...
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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),...
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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...
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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....
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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 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...
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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 31, 202216 min read
Notable Copyright Decisions in 2021
Notable Copyright Decisions in 2021 It has been a busy year for copyright law. The Supreme Court of Canada has released one decision...
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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...
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johnmckeownblog
Jan 17, 20225 min read
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...
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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
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...
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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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