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....
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johnmckeownblog
Jul 22, 20223 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...
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johnmckeownblog
Jul 11, 20222 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...
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johnmckeownblog
Jul 5, 202217 min
Targeting & the part it plays in establishing jurisdiction in cases involving the use of trademarks
Internet Committee Report This article considers recent appellate decisions in the United Kingdom, the United States, and Canada to...
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johnmckeownblog
Jul 4, 20222 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...
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johnmckeownblog
Jun 1, 20224 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...
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johnmckeownblog
May 31, 20224 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...
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johnmckeownblog
May 11, 20222 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...
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johnmckeownblog
Apr 4, 20222 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...
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johnmckeownblog
Mar 14, 20224 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....
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johnmckeownblog
Mar 14, 20224 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...
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johnmckeownblog
Mar 4, 20222 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...
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johnmckeownblog
Feb 1, 20222 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...
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johnmckeownblog
Jan 31, 202216 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...
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johnmckeownblog
Jan 5, 20222 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...
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johnmckeownblog
Nov 19, 20215 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...
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johnmckeownblog
Nov 19, 20216 min
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
Nov 19, 20216 min
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
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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