johnmckeownblogJun 14 minWhen 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...
johnmckeownblogMay 112 minTake Down Policies and Social Media SitesOnce a trademark owner has identified infringing content on a social media site, an assessment must be made concerning the steps the...
johnmckeownblogMar 42 minHashtagsA 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...
johnmckeownblogJan 52 minWhat 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...
johnmckeownblogNov 19, 20215 minComparative Advertising and Section 22 of the Trademarks ActA recent decision of the Quebec Court of Appeal illustrates the rather unexpected ways that the Trademarks Act can apply to comparative...
johnmckeownblogNov 19, 20216 minWord GamesA recent U.K. decision illustrates that the determination of whether two competing trademarks are confusing involves considerable...
johnmckeownblogOct 13, 20212 minSearch Engine RankingsWhat are they? Search Engine Ranking refers to the process search engines use to determine where a particular piece of content should...
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...
johnmckeownblogMay 7, 20212 minCriticism or Gripe SitesThere have been a number of cases both in the courts and under the UDRP and CDRP involving parody sites or sites for critical commentary....
johnmckeownblogApr 12, 20215 minProtecting Fashion Goods in CanadaA decision of the English High Court, [2020] EWHC 3032 recently released, shows how protection can be obtained for fashion goods....
johnmckeownblogApr 12, 20213 minThe Importance of Obtaining a Trademark RegistrationA decision of the Federal Court of Appeal, released on December 9, 2020, Group III International Ltd. v. Travelway Group International...
johnmckeownblogApr 11, 20214 minLicensing TrademarksA decision of the British Columbia Court of Appeal [2020] BCCA 323 raises concerns regarding trademark licensing. Basic Requirements To...
johnmckeownblogApr 11, 20214 minTrademark Infringement Concerning an AppA recent decision of a Judge of the English High Court [2020] EWHC 713 provides a possible approach to the enforcement of trademark...
johnmckeownblogApr 11, 20213 minTrademark Use by an AffiliateA recent decision of the Federal Court of Appeal clarifies when the use of a trademark by an affiliate of the trademark owner accrues to...
johnmckeownblogApr 11, 20212 minWhat 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...
johnmckeownblogApr 11, 20214 minObtaining Trademark Registrations for Domain NamesA recent decision of the US Supreme Court has attracted significant publicity. In the decision, the court disagreed with the USPTO and...
johnmckeownblogApr 11, 20213 minComputer Games and Cheat SoftwareA recent decision of the High Court of Justice in the United Kingdom considered the use of cheat software for the video game called Grand...
johnmckeownblogApr 11, 20216 minThe Naked Truth about Appeals from the Trademark Opposition BoardThe Supreme Court of Canada has recently changed the standard of review concerning appeals from the decisions of administrative bodies....