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Applications Claiming Colour as a Trademark
A recent decision of the U.K. High Court of justice adds some clarity to the form of trademark applications claiming colour as a mark....
John McKeown
Jul 22, 20225 min read
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Online Use in an App
A decision of the UK High Court of Justice raises interesting issues relating to the online use of a trademark in association with...
John McKeown
Jul 22, 20224 min read
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Avoiding Genericism
The iconic shape of the GIBSON flying V electric guitar body has recently been considered by courts in the US and the European Union with...
John McKeown
Jul 22, 20223 min read
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Non-Compliance with the Trademarks Act Leads to an Unfavourable Result
A decision of the Federal Court illustrates the importance of proper trademark management in operating a business. The Plaintiff seems to...
John McKeown
Jun 1, 20224 min read
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Fair Dealing for the Purpose of News Reporting
In HRH The Duchess of Sussex v. Associated Newspapers Limited [2021] EWHC 723 (UK Ch.), the appeal dismissed [2021] EWCA Civ 1801 (UKCA),...
John McKeown
May 30, 20225 min read
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What is Indirect Confusion?
A recent decision of the English Court of Appeal raises some interesting questions about trademark confusion and the differences between...
John McKeown
Mar 14, 20224 min read
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A Difficult Product Launch
A recent decision of the English High Court of Justice illustrates the broader scope of protection typically given to a trademark that...
John McKeown
Mar 10, 20225 min read
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Notable Copyright Decisions in 2021
Notable Copyright Decisions in 2021 It has been a busy year for copyright law. The Supreme Court of Canada has released one decision...
John McKeown
Jan 31, 202216 min read
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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
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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 16, 20224 min read
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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