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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
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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
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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
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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
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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
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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
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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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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
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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
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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
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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...
johnmckeownblog
Jan 5, 20222 min read
51 views
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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...
johnmckeownblog
Nov 19, 20215 min read
175 views
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Word Games
A recent U.K. decision illustrates that the determination of whether two competing trademarks are confusing involves considerable...
johnmckeownblog
Nov 19, 20216 min read
34 views
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Search Engine Rankings
What are they? Search Engine Ranking refers to the process search engines use to determine where a particular piece of content should...
johnmckeownblog
Oct 13, 20212 min read
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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...
johnmckeownblog
Sep 3, 20213 min read
66 views
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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...
johnmckeownblog
Jul 19, 20212 min read
45 views
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Protecting Your Business Against Criticisms and Gripe Sites In A Digital World (Part II)
Once it is decided that it is necessary to take steps, there are numerous possible courses of action. However, care needs to be taken...
johnmckeownblog
Jun 4, 20212 min read
33 views
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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....
johnmckeownblog
May 17, 20214 min read
68 views
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