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Decision of the Trademarks Opposition Board Confirmed on Appeal
The Federal Court has upheld the decision of the Trademarks Opposition Board (TMOB), confirming that the marks in issue were not...
John McKeown
Jul 22, 20225 min read


Social Media Influencers
Influencer marketing is very popular with brand owners in a social media context and grew significantly when the pandemic led performers...
John McKeown
Jul 4, 20222 min read


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


When 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...
John McKeown
May 31, 20224 min read


A Clear Case for Expungement
Many applications in the Federal Court seeking expungement are relatively complex, but a recent application seems relatively...
John McKeown
May 31, 20223 min read


Place of Origin
A recent decision of the Federal Court expands the grounds precluding the registration of a trademark because the Mark is clearly...
John McKeown
May 31, 20223 min read


Take Down Policies and Social Media Sites
Once a trademark owner has identified infringing content on a social media site, an assessment must be made concerning the steps the...
John McKeown
May 11, 20222 min read


Dealing with Unauthorized or Negative Publicity in Social Media
A brand owner needs to establish procedures for responding to false or negative product reviews and the like. Consumers are more likely...
John McKeown
Apr 3, 20222 min read


A Questionable Choice of a Mark
A decision of the Federal Court raises issues concerning the Applicant’s choice of its primary trademark. Blyth Cowbells Brewing Inc. v....
John McKeown
Mar 14, 20224 min read


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


Hashtags
A 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...
John McKeown
Mar 4, 20222 min read


Usernames
Typically, each user of a social media site will have an individual username assigned to them that consists of a URL. Brand owners should...
John McKeown
Feb 1, 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...
John McKeown
Jan 5, 20222 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...
John McKeown
Nov 19, 20215 min read


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


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...
John McKeown
Oct 13, 20212 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...
John McKeown
Sep 2, 20213 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...
John McKeown
Jul 19, 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...
John McKeown
Jun 4, 20212 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....
John McKeown
May 17, 20214 min read
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