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The concept of linking is fundamental to the Internet. Linking occurs when an image or reference on a website is selected, causing that...

A decision of the Federal Court deals with who is entitled to use and register a trademark/tradename. Norsteel Building Systems Ltd. v....

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....

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,...

A recent decision of the Federal Court has concluded that an online survey was not admissible in determining whether the parties’...

Search engine advertising is a multi-billion-dollar industry in the United States. The major search engine operators sell keywords to...

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...

Pop-up Advertisements Pop-up advertisements are used to catch consumer’s attention. A pop-up advertisement is a window not initiated by a...

A recent lawsuit filed against TikTok in the United States raises interesting issues concerning the rights of individuals providing...

The common law cause of action for passing off has a lengthy history. The claim has evolved to take into account changing commercial...

A recent decision of the English High Court provides additional insight into the meaning of “bad faith" in a trademark context and the...

A decision of the Federal Court illustrates important lessons concerning choosing a mark and trademark infringement.

A recent decision of the Federal Court dealt with entitlement to the trademark SMART CLOUD and its lack of inherent distinctiveness....

The decision of the English High Court of Justice raises some interesting issues concerning the ownership of copyright works created by...

A decision of the Federal Court illustrates the potential problems that can arise relating to the use of descriptive trademarks...

A decision of the English Court of Appeal allowed a claim for breach of confidence against the “new” employer who obtained possession of...

The sale of counterfeit goods is a significant worldwide issue. After initial studies carried out by the Organization for Economic...

The plaintiff (“Bentley Clothing”) is the owner and exclusive licensee of three trademarks consisting of the word BENTLEY registered for...

It can be difficult to determine what evidence to file to support the opposition. At an early stage, the issues may be difficult to...

2020 has been a difficult year for trademark owners and their advisors. The pandemic has tested us all in profound and unexpected ways....