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 22, 2022
- 5 min
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....
96 views0 comments
johnmckeownblog
- Jul 22, 2022
- 3 min
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...
28 views0 comments
johnmckeownblog
- Jul 22, 2022
- 5 min
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...
64 views0 comments
johnmckeownblog
- Jul 11, 2022
- 2 min
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...
24 views0 comments
johnmckeownblog
- Jul 4, 2022
- 2 min
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
- Jun 1, 2022
- 4 min
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...
45 views0 comments
johnmckeownblog
- May 31, 2022
- 4 min
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...
88 views0 comments
johnmckeownblog
- May 31, 2022
- 3 min
A Clear Case for Expungement
Many applications in the Federal Court seeking expungement are relatively complex, but a recent application seems relatively...
46 views0 comments
johnmckeownblog
- May 11, 2022
- 2 min
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 4, 2022
- 2 min
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 14, 2022
- 4 min
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....
86 views0 comments
johnmckeownblog
- Mar 14, 2022
- 4 min
What is Indirect Confusion?
A recent decision of the English Court of Appeal raises some interesting questions about trademark confusion and the differences between...
58 views0 comments
johnmckeownblog
- Mar 10, 2022
- 5 min
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...
44 views0 comments
johnmckeownblog
- Mar 4, 2022
- 2 min
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...
46 views0 comments
johnmckeownblog
- Feb 1, 2022
- 2 min
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...
36 views0 comments
johnmckeownblog
- Jan 31, 2022
- 16 min
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...
464 views0 comments
johnmckeownblog
- Jan 17, 2022
- 8 min
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 5, 2022
- 2 min
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...
51 views0 comments
johnmckeownblog
- Nov 19, 2021
- 5 min
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...
169 views0 comments
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