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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
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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
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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
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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
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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
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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
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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
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Social Media Influencers
Influencer marketing is very popular with brand owners in a social media context and grew significantly when the pandemic led performers...
johnmckeownblog
Jul 4, 20222 min read
42 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
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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
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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
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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


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...
johnmckeownblog
Apr 4, 20222 min read
47 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
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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
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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


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


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...
johnmckeownblog
Jan 31, 202216 min read
469 views
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