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 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 4, 20222 min read
Social Media Influencers
Influencer marketing is very popular with brand owners in a social media context and grew significantly when the pandemic led performers...
42 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...
37 views0 comments
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...
47 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...
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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 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
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...
59 views0 comments
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...
34 views0 comments
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....
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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
Oct 13, 20212 min read
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...
34 views0 comments
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...
66 views0 comments
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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