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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....
johnmckeownblog
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...
johnmckeownblog
Jul 22, 20224 min read
30 views
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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...
johnmckeownblog
Jul 22, 20223 min read
28 views
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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...
johnmckeownblog
Jun 1, 20224 min read
46 views
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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),...
johnmckeownblog
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...
johnmckeownblog
Mar 14, 20224 min read
60 views
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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...
johnmckeownblog
Mar 10, 20225 min read
44 views
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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...
johnmckeownblog
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...
johnmckeownblog
Jan 17, 20225 min read
43 views
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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...
johnmckeownblog
Jan 17, 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...
johnmckeownblog
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...
johnmckeownblog
Nov 19, 20215 min read
175 views
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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...
johnmckeownblog
Nov 19, 20214 min read
59 views
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Word Games
A recent U.K. decision illustrates that the determination of whether two competing trademarks are confusing involves considerable...
johnmckeownblog
Nov 19, 20216 min read
34 views
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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...
johnmckeownblog
Nov 1, 20212 min read
39 views
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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...
johnmckeownblog
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....
johnmckeownblog
Sep 29, 20215 min read
48 views
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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...
johnmckeownblog
Sep 3, 20213 min read
66 views
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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...
johnmckeownblog
Jul 26, 20217 min read
37 views
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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...
johnmckeownblog
Jul 19, 20212 min read
45 views
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