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’...
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...
johnmckeownblogAug 10, 20213 minWhat 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...
johnmckeownblogJul 19, 20212 minPop-Up Advertisements and Mouse TrappingPop-up Advertisements Pop-up advertisements are used to catch consumer’s attention. A pop-up advertisement is a window not initiated by a...
johnmckeownblogJul 19, 20214 minTikTok Sued Concerning Inappropriate Use of a VoiceA recent lawsuit filed against TikTok in the United States raises interesting issues concerning the rights of individuals providing...
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 minHow to Prove Bad FaithA recent decision of the English High Court provides additional insight into the meaning of “bad faith" in a trademark context and the...
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.
johnmckeownblogMay 18, 20214 minThe Trials and Tribulations of Weak TrademarksA recent decision of the Federal Court dealt with entitlement to the trademark SMART CLOUD and its lack of inherent distinctiveness....
johnmckeownblogMay 18, 20213 minWho 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...
johnmckeownblogMay 18, 20214 minThe Difficulties with Descriptive TrademarksA decision of the Federal Court illustrates the potential problems that can arise relating to the use of descriptive trademarks...
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...
johnmckeownblogApr 12, 20212 minDealing with the Sale of Counterfeits on the InternetThe sale of counterfeit goods is a significant worldwide issue. After initial studies carried out by the Organization for Economic...
johnmckeownblogApr 12, 20214 minHonest Concurrent UseThe plaintiff (“Bentley Clothing”) is the owner and exclusive licensee of three trademarks consisting of the word BENTLEY registered for...
johnmckeownblogApr 12, 20214 minAn Opponent Needs to Carefully Consider the Evidence to be filed with the Trademark Opposition BoardIt can be difficult to determine what evidence to file to support the opposition. At an early stage, the issues may be difficult to...
johnmckeownblogApr 12, 20217 minNotable Trademark Decisions in 20202020 has been a difficult year for trademark owners and their advisors. The pandemic has tested us all in profound and unexpected ways....