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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 2, 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


What 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...
John McKeown
Jul 19, 20215 min read


How to Prove Bad Faith
A recent decision of the English High Court provides additional insight into the meaning of “bad faith" in a trademark context and the...
John McKeown
Jul 19, 20215 min read


Do Not Be Overly Optimistic or Aggressive When Attempting to Obtain a Trademark Registration
A decision of the Federal Court illustrates important lessons concerning choosing a mark and trademark infringement.
John McKeown
Jul 19, 20215 min read


Protecting Your Business Against Criticisms and Gripe Sites In A Digital World (Part II)
Once it is decided that it is necessary to take steps, there are numerous possible courses of action. However, care needs to be taken...
John McKeown
Jun 4, 20212 min read


The Trials and Tribulations of Weak Trademarks
A recent decision of the Federal Court dealt with entitlement to the trademark SMART CLOUD and its lack of inherent distinctiveness....
John McKeown
May 17, 20214 min read


Who 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...
John McKeown
May 17, 20213 min read


The Difficulties with Descriptive Trademarks
A decision of the Federal Court illustrates the potential problems that can arise relating to the use of descriptive trademarks...
John McKeown
May 17, 20214 min read


Breach of Confidence and the New Employer
A decision of the English Court of Appeal allowed a claim for breach of confidence against the “new” employer who obtained possession of...
John McKeown
May 17, 20213 min read
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