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....
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johnmckeownblog
- Jul 22, 2022
- 4 min
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...
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johnmckeownblog
- Jul 22, 2022
- 3 min
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...
28 views0 comments
johnmckeownblog
- Jun 1, 2022
- 4 min
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...
39 views0 comments
johnmckeownblog
- May 30, 2022
- 5 min
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),...
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johnmckeownblog
- Mar 14, 2022
- 4 min
What is Indirect Confusion?
A recent decision of the English Court of Appeal raises some interesting questions about trademark confusion and the differences between...
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johnmckeownblog
- Mar 10, 2022
- 5 min
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...
42 views0 comments
johnmckeownblog
- Jan 31, 2022
- 16 min
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...
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johnmckeownblog
- Jan 17, 2022
- 5 min
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...
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johnmckeownblog
- Jan 16, 2022
- 4 min
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...
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johnmckeownblog
- Dec 1, 2021
- 2 min
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...
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johnmckeownblog
- Nov 19, 2021
- 5 min
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...
157 views0 comments
johnmckeownblog
- Nov 19, 2021
- 4 min
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, 2021
- 6 min
Word Games
A recent U.K. decision illustrates that the determination of whether two competing trademarks are confusing involves considerable...
34 views0 comments
johnmckeownblog
- Nov 1, 2021
- 2 min
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...
37 views0 comments
johnmckeownblog
- Oct 19, 2021
- 13 min
Quarterly Copyright Blog - Q4
Quarterly Copyright Blog For those who are interested in recent cases and developments about copyright and related matters, there have...
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johnmckeownblog
- Sep 29, 2021
- 5 min
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....
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johnmckeownblog
- Sep 2, 2021
- 3 min
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...
53 views0 comments
johnmckeownblog
- Jul 26, 2021
- 7 min
Quarterly Copyright Blog - Q3
For those who are interested in recent cases and developments about copyright and related matters, there have been several developments...
35 views0 comments
johnmckeownblog
- Jul 19, 2021
- 2 min
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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