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
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 19, 202113 min
Quarterly Copyright Blog - Q4
Quarterly Copyright Blog For those who are interested in recent cases and developments about copyright and related matters, there have...
96 views0 comments
johnmckeownblog
Sep 29, 20215 min
Targeting and the Long Arm of the U.K. Courts
A decision of the U.K. High Court of Justice illustrates the long reach of the U.K. courts in a trademark context. Easy Group Limited v....
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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
Aug 10, 20213 min
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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johnmckeownblog
Jul 26, 20217 min
Quarterly Copyright Blog - Q3
For those who are interested in recent cases and developments about copyright and related matters, there have been several developments...
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johnmckeownblog
Jul 19, 20212 min
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
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
What 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...
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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...
183 views0 comments
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...
150 views0 comments
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
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, 20215 min
Protecting Fashion Goods in Canada
A decision of the English High Court, [2020] EWHC 3032 recently released, shows how protection can be obtained for fashion goods....
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johnmckeownblog
Apr 11, 20213 min
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, 20214 min
Licensing Trademarks
A decision of the British Columbia Court of Appeal [2020] BCCA 323 raises concerns regarding trademark licensing. Basic Requirements To...
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