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...
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johnmckeownblog
May 31, 20224 min read
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
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
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
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 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
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
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...
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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
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
Jun 4, 20212 min read
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...
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johnmckeownblog
Apr 11, 20213 min read
The Importance of Obtaining a Trademark Registration
A decision of the Federal Court of Appeal, released on December 9, 2020, Group III International Ltd. v. Travelway Group International...
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johnmckeownblog
Apr 11, 20216 min read
Federal Court of Appeal Confirms that Trademark Services Should Be Liberally Construed
A recent decision of the Federal Court of Appeal [2020 FCA 134] has confirmed a trial decision [2018 FC 895] which considered the concept...
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johnmckeownblog
Apr 11, 20214 min read
Trademark Infringement Concerning an App
A recent decision of a Judge of the English High Court [2020] EWHC 713 provides a possible approach to the enforcement of trademark...
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johnmckeownblog
Apr 11, 20216 min read
The Naked Truth about Appeals from the Trademark Opposition Board
The Supreme Court of Canada has recently changed the standard of review concerning appeals from the decisions of administrative bodies....
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johnmckeownblog
Apr 11, 20213 min read
A Charming Story – Passing Off to the Rescue!
A recent decision of the UK Court of Appeal raises some interesting issues concerning trademark infringement and passing off relating to...
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johnmckeownblog
Apr 11, 20214 min read
FACK JU GÖHTE and Public Morality
A recent decision of the European Court of Justice overturned decisions of the European Union for Intellectual Property and the General...
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johnmckeownblog
Apr 11, 20215 min read
A Trademark Revival for Corus
A case before the Court of Queen’s Bench of Alberta raises some interesting intellectual property issues. The Facts Corus Radio Inc. and...
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johnmckeownblog
Apr 11, 20214 min read
Site – Blocking Orders and Internet
A recent decision of the Federal Court has granted a site-blocking order against several Internet Service providers (ISPs). The...
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johnmckeownblog
Apr 11, 20214 min read
Damages After Expungement
In November of 2017, we discussed a decision of the Federal Court of Appeal concerning a claim for trademark infringement. The Court...
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