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
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 3, 20213 min
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, 20214 min
TikTok Sued Concerning Inappropriate Use of a Voice
A recent lawsuit filed against TikTok in the United States raises interesting issues concerning the rights of individuals providing...
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johnmckeownblog
Jul 19, 20215 min
How to Prove Bad Faith
A recent decision of the English High Court provides additional insight into the meaning of “bad faith" in a trademark context and the...
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johnmckeownblog
Jul 19, 20215 min
Do Not Be Overly Optimistic or Aggressive When Attempting to Obtain a Trademark Registration
A decision of the Federal Court illustrates important lessons concerning choosing a mark and trademark infringement.
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johnmckeownblog
Jun 4, 20212 min
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
May 17, 20214 min
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....
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johnmckeownblog
May 17, 20213 min
Who Owns Copyright in the Works Created by Employees?
The decision of the English High Court of Justice raises some interesting issues concerning the ownership of copyright works created by...
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johnmckeownblog
May 17, 20214 min
The Difficulties with Descriptive Trademarks
A decision of the Federal Court illustrates the potential problems that can arise relating to the use of descriptive trademarks...
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johnmckeownblog
May 17, 20213 min
Breach of Confidence and the New Employer
A decision of the English Court of Appeal allowed a claim for breach of confidence against the “new” employer who obtained possession of...
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johnmckeownblog
May 7, 20212 min
Criticism or Gripe Sites
There have been a number of cases both in the courts and under the UDRP and CDRP involving parody sites or sites for critical commentary....
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johnmckeownblog
Apr 12, 20212 min
Dealing with the Sale of Counterfeits on the Internet
The sale of counterfeit goods is a significant worldwide issue. After initial studies carried out by the Organization for Economic...
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johnmckeownblog
Apr 11, 20214 min
Honest Concurrent Use
The plaintiff (“Bentley Clothing”) is the owner and exclusive licensee of three trademarks consisting of the word BENTLEY registered for...
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johnmckeownblog
Apr 4, 20212 min
Dealing with the Sale of Counterfeits on the Internet
A lot of counterfeit activity takes place on the Internet which can be detrimental to your brand. Learn how to protect your business today.
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