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An Ineffective Self-help Remedy
A recent decision of the Federal Court allowed the plaintiff claims for copyright infringement and passing off arising out of a dispute...
John McKeown
Jan 17, 20225 min read


What 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...
John McKeown
Jan 17, 20224 min read


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...
John McKeown
Jan 5, 20222 min read


Jurisdiction and Trademark Infringement on the Internet
The ability of a trademark owner to enforce its trademark rights on the Internet frequently depends on establishing jurisdiction. The...
John McKeown
Dec 1, 20212 min read


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...
John McKeown
Nov 19, 20215 min read


Sound Marks Must Be Distinctive To Be Registered
A recent decision of the General Court of the European Union raises interesting questions concerning sound marks and their...
John McKeown
Nov 19, 20214 min read


Word Games
A recent U.K. decision illustrates that the determination of whether two competing trademarks are confusing involves considerable...
John McKeown
Nov 19, 20216 min read


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....
John McKeown
Nov 19, 20216 min read


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...
John McKeown
Nov 1, 20212 min read


Quarterly Copyright Blog - Q4
Quarterly Copyright Blog For those who are interested in recent cases and developments about copyright and related matters, there have...
John McKeown
Oct 19, 202113 min read


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...
John McKeown
Oct 13, 20212 min read


The Effect of Prior Use on Registered Trademark
A decision of the Federal Court deals with who is entitled to use and register a trademark/tradename. Norsteel Building Systems Ltd. v....
John McKeown
Sep 29, 20215 min read


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....
John McKeown
Sep 29, 20215 min read


The 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,...
John McKeown
Sep 29, 20214 min read


Internet Survey Ruled Inadmissible
A recent decision of the Federal Court has concluded that an online survey was not admissible in determining whether the parties’...
John McKeown
Sep 29, 20215 min read


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...
John McKeown
Sep 3, 20213 min read


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...
John McKeown
Aug 10, 20213 min read


Quarterly Copyright Blog - Q3
For those who are interested in recent cases and developments about copyright and related matters, there have been several developments...
John McKeown
Jul 26, 20217 min read


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...
John McKeown
Jul 19, 20212 min read


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...
John McKeown
Jul 19, 20214 min read
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