johnmckeownblogMay 112 minTake Down Policies and Social Media SitesOnce a trademark owner has identified infringing content on a social media site, an assessment must be made concerning the steps the...
johnmckeownblogApr 42 minDealing with Unauthorized or Negative Publicity in Social MediaA brand owner needs to establish procedures for responding to false or negative product reviews and the like. Consumers are more likely...
johnmckeownblogMar 144 minA Questionable Choice of a MarkA decision of the Federal Court raises issues concerning the Applicant’s choice of its primary trademark. Blyth Cowbells Brewing Inc. v....
johnmckeownblogMar 144 minWhat is Indirect Confusion?A recent decision of the English Court of Appeal raises some interesting questions about trademark confusion and the differences between...
johnmckeownblogMar 105 minA Difficult Product LaunchA recent decision of the English High Court of Justice illustrates the broader scope of protection typically given to a trademark that...
johnmckeownblogMar 42 minHashtagsA 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...
johnmckeownblogFeb 22 minUsernamesTypically, each user of a social media site will have an individual username assigned to them that consists of a URL. Brand owners should...
johnmckeownblogJan 52 minWhat 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...
johnmckeownblogNov 19, 20215 minComparative Advertising and Section 22 of the Trademarks ActA recent decision of the Quebec Court of Appeal illustrates the rather unexpected ways that the Trademarks Act can apply to comparative...
johnmckeownblogNov 19, 20214 minSound Marks Must Be Distinctive To Be RegisteredA recent decision of the General Court of the European Union raises interesting questions concerning sound marks and their...
johnmckeownblogNov 19, 20216 minWord GamesA recent U.K. decision illustrates that the determination of whether two competing trademarks are confusing involves considerable...
johnmckeownblogOct 13, 20212 minSearch Engine RankingsWhat are they? Search Engine Ranking refers to the process search engines use to determine where a particular piece of content should...
johnmckeownblogSep 3, 20213 minKeywords In Online AdvertisingSearch engine advertising is a multi-billion-dollar industry in the United States. The major search engine operators sell keywords to...
johnmckeownblogJul 19, 20215 minWhat is a Statutory Claim for Passing Off?The common law cause of action for passing off has a lengthy history. The claim has evolved to take into account changing commercial...
johnmckeownblogJul 19, 20215 minDo Not Be Overly Optimistic or Aggressive When Attempting to Obtain a Trademark RegistrationA decision of the Federal Court illustrates important lessons concerning choosing a mark and trademark infringement.
johnmckeownblogJun 4, 20212 minProtecting 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...
johnmckeownblogMay 18, 20213 minBreach of Confidence and the New EmployerA decision of the English Court of Appeal allowed a claim for breach of confidence against the “new” employer who obtained possession of...
johnmckeownblogMay 7, 20212 minCriticism or Gripe SitesThere have been a number of cases both in the courts and under the UDRP and CDRP involving parody sites or sites for critical commentary....
johnmckeownblogApr 12, 20213 minThe Importance of Obtaining a Trademark RegistrationA decision of the Federal Court of Appeal, released on December 9, 2020, Group III International Ltd. v. Travelway Group International...
johnmckeownblogApr 11, 20216 minFederal Court of Appeal Confirms that Trademark Services Should Be Liberally ConstruedA recent decision of the Federal Court of Appeal [2020 FCA 134] has confirmed a trial decision [2018 FC 895] which considered the concept...