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Social Media Influencers
Influencer marketing is very popular with brand owners in a social media context and grew significantly when the pandemic led performers...
John McKeown
Jul 4, 20222 min read


When is a Trademark “Clearly Descriptive”?
The Federal Court has confirmed that the Trademark Opposition Board was correct when it found that the trademark HALLMARK in association...
John McKeown
May 31, 20224 min read


Take Down Policies and Social Media Sites
Once a trademark owner has identified infringing content on a social media site, an assessment must be made concerning the steps the...
John McKeown
May 11, 20222 min read


Hashtags
A 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...
John McKeown
Mar 4, 20222 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


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


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


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


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


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


Criticism or Gripe Sites
There have been a number of cases both in the courts and under the UDRP and CDRP involving parody sites or sites for critical commentary....
John McKeown
May 7, 20212 min read


Protecting Fashion Goods in Canada
A decision of the English High Court, [2020] EWHC 3032 recently released, shows how protection can be obtained for fashion goods....
John McKeown
Apr 11, 20215 min read


The Importance of Obtaining a Trademark Registration
A decision of the Federal Court of Appeal, released on December 9, 2020, Group III International Ltd. v. Travelway Group International...
John McKeown
Apr 11, 20213 min read


Licensing Trademarks
A decision of the British Columbia Court of Appeal [2020] BCCA 323 raises concerns regarding trademark licensing. Basic Requirements To...
John McKeown
Apr 11, 20214 min read


Trademark Infringement Concerning an App
A recent decision of a Judge of the English High Court [2020] EWHC 713 provides a possible approach to the enforcement of trademark...
John McKeown
Apr 11, 20214 min read


Trademark Use by an Affiliate
A recent decision of the Federal Court of Appeal clarifies when the use of a trademark by an affiliate of the trademark owner accrues to...
John McKeown
Apr 11, 20213 min read


What is Cybersquatting and Cyberpiracy?
Cybersquatting Cybersquatting occurs when a third party registers a domain name consisting of, or similar to, a brand name to which they...
John McKeown
Apr 11, 20212 min read


Obtaining Trademark Registrations for Domain Names
A recent decision of the US Supreme Court has attracted significant publicity. In the decision, the court disagreed with the USPTO and...
John McKeown
Apr 11, 20214 min read


Computer Games and Cheat Software
A recent decision of the High Court of Justice in the United Kingdom considered the use of cheat software for the video game called Grand...
John McKeown
Apr 11, 20213 min read
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