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...
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 105 minThe Impact of a Previous Decision of the TMOB in an Action for Statutory Passing OffA recent decision of the Federal Court deals with a statutory claim for passing off and the effect of a prior decision of the Trademark...
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 188 minKey Trademark Decisions in 20212021 has again been a difficult year for trademark owners and their advisors. The pandemic has tested us all in profound and unexpected...
johnmckeownblogJan 175 minAn Ineffective Self-help RemedyA recent decision of the Federal Court allowed the plaintiff claims for copyright infringement and passing off arising out of a dispute...
johnmckeownblogJan 174 minWhat is the Standard of Review for Appeals from the Trademarks Opposition Board?The Federal Court of Appeal has confirmed that it is not appropriate to set aside decisions made by Hearing Officers of the Trademarks...
johnmckeownblogDec 1, 20212 minJurisdiction and Trademark Infringement on the InternetThe ability of a trademark owner to enforce its trademark rights on the Internet frequently depends on establishing jurisdiction. The...
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...
johnmckeownblogNov 19, 20216 minBe 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....
johnmckeownblogNov 1, 20212 minLinking 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...
johnmckeownblogSep 29, 20215 minThe Effect of Prior Use on Registered TrademarkA decision of the Federal Court deals with who is entitled to use and register a trademark/tradename. Norsteel Building Systems Ltd. v....
johnmckeownblogSep 29, 20215 minTargeting and the Long Arm of the U.K. CourtsA 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....
johnmckeownblogSep 29, 20214 minThe Latest Word on Bad Faith There have been numerous recent decisions in the U.K. and the E.U., relating to bad faith by an applicant for a trademark. In addition,...
johnmckeownblogSep 29, 20215 minInternet Survey Ruled InadmissibleA recent decision of the Federal Court has concluded that an online survey was not admissible in determining whether the parties’...