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Why Register Your Brand Name?
A brand owner must understand how the Canadian trademark system works so that it can be used to the maximum extent possible to protect...
John McKeown
Aug 2, 20222 min read


An Introduction to Protecting Brand Names under the Trademarks Act
The primary methods of protecting a brand name are by obtaining a registration under the Trademarks Act and by suing in the courts for...
John McKeown
Jul 11, 20222 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


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


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


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


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...
John McKeown
Jan 17, 20228 min read


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


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


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


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


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


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


Be Careful When Presenting Evidence In A Trademark Opposition!
A recent decision of the Federal Court raises interesting issues concerning the evidence required to succeed in a trademark opposition....
John McKeown
Nov 19, 20216 min read


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


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


What is a Metatag? Can Claims Be Asserted For Their Misuse?
A metatag is a computer code included on a website that is invisible to an individual but which enables a search engine or a web browser...
John McKeown
Aug 10, 20213 min read
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