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johnmckeownblog
Jan 17, 20228 min read
Key Trademark Decisions in 2021
2021 has again been a difficult year for trademark owners and their advisors. The pandemic has tested us all in profound and unexpected...
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johnmckeownblog
Jan 5, 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...
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johnmckeownblog
Nov 19, 20215 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...
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johnmckeownblog
Nov 19, 20214 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...
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johnmckeownblog
Nov 19, 20216 min read
Word Games
A recent U.K. decision illustrates that the determination of whether two competing trademarks are confusing involves considerable...
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johnmckeownblog
Oct 13, 20212 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...
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johnmckeownblog
Sep 2, 20213 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...
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johnmckeownblog
Jul 19, 20212 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...
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johnmckeownblog
Jul 19, 20214 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...
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johnmckeownblog
Jul 19, 20215 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...
125 views0 comments


johnmckeownblog
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...
185 views0 comments


johnmckeownblog
Jun 4, 20212 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...
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johnmckeownblog
May 17, 20214 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....
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johnmckeownblog
May 17, 20213 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...
150 views0 comments


johnmckeownblog
May 17, 20214 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...
130 views0 comments


johnmckeownblog
May 17, 20213 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...
49 views0 comments


johnmckeownblog
May 7, 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....
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johnmckeownblog
Apr 12, 20212 min read
Dealing with the Sale of Counterfeits on the Internet
The sale of counterfeit goods is a significant worldwide issue. After initial studies carried out by the Organization for Economic...
64 views0 comments


johnmckeownblog
Apr 11, 20214 min read
Honest Concurrent Use
The plaintiff (“Bentley Clothing”) is the owner and exclusive licensee of three trademarks consisting of the word BENTLEY registered for...
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johnmckeownblog
Apr 11, 20213 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...
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