Intellectual Property

LSUC certifies Simpson as intellectual property law specialist

Toronto intellectual property lawyer John Simpson has been certified as a specialist in trademark and copyright law by the Law Society of Upper Canada . Read more

Airline wins in clash between free speech, IP rights

Toronto intellectual property lawyer John Simpson says a dispute between a major airline and a disgruntled former passenger highlights the fundamental clash between free speech and IP rights. Read more

Under all the monkey business are serious legal issues

The fight over the ownership of a monkey selfie could soon be resolved as the parties pursue an out-of-court settlement, says Toronto business lawyer Bill Northcote. Read more

'Regulatory fair dealing' copyright exception upheld by appeal court

An Alberta Court of Appeal decision confirms the existence of a regulatory exception to copyright protection, says Toronto intellectual property lawyer John Simpson. Read more

Supreme Court 'Equusteks' it to online trademark infringers

By John Simpson . This post concerns one of the two recent landmark decisions from the Supreme Court of Canada concerning territorial commercial interests on the borderless Internet. In the decision , the court confirmed that Canadian courts can grant orders prohibiting the infringement of Canadian trademarks and the enabling of trademark infringement wherever that occurs, including on foreign search indexes that list infringing websites. Canadian court orders can also bind persons who are not parties to the underlying lawsuit, including Internet service providers who, inadvertently, provide the means for trademark infringement. Read more

Worldwide block on Google results great news for rights holders

A Supreme Court of Canada decision upholding an order that Google block online content worldwide is great news for rights holders, says Toronto intellectual property lawyer Kevin Fisher. Read more

Giant duck flap highlights IP misconceptions

Toronto intellectual property lawyer John Simpson says a dispute over a massive rubber duck rented as part of Canada’s 150th birthday celebrations and the media’s coverage of this dispute highlights some common misconceptions about IP law. Read more

Patenting food ripe with challenges: Kulish

Patenting an idea is one thing, but trying to cook up a patent for food is something else altogether, warns Toronto trademark and copyright lawyer Taras Kulish. Read more

IP’s ‘nuclear weapon’ blows up booze logo

An Ottawa distillery fell victim to the “nuclear weapon” of Canada’s Trade-marks Act after the provincial government asked it to change its logo, says Toronto intellectual property lawyer John Simpson. Read more

Hryniak still raising questions three years on

A host of unanswered questions about summary judgment motions remain almost three years after the Supreme Court of Canada’s landmark judgment on the issue, says Toronto intellectual property and civil litigation lawyer Kevin Fisher. Read more

Trademark provisions under the new Cannabis Act

By John Simpson . The federal government’s recently tabled Cannabis Act (Bill C-45) – which will legalize the recreational use of cannabis in Canada –will affect, in one way or another, a wide variety of existing regulatory regimes, including those relating to criminal law, health law, employment law, municipal law, sales tax and consumer protection, among others. Naturally, what we’re interested in most here at Shift Law is how it will affect trademark rights. Read more

Appeal court endorses trial judges' procedural discretion in food fight

A recent Court of Appeal judgment reinforces trial judges’ wide discretion to decide procedural issues, says Toronto intellectual property lawyer John Simpson. Read more

Pee wee baseball team called out on trademark catch

A manufacturer’s balk at printing pee wee baseball uniforms with their name, "The 6" raises some unique questions around how trademark law is interpreted, says Toronto trademark lawyer Taras Kulish . Read more

Outlook good for rights holders seeking trademark injunctions

The bar for achieving an interlocutory injunction in trademark infringement matters may be coming down, Toronto intellectual property lawyer John Simpson tells The Lawyers Daily after a recent Federal Court decision. Read more

Trademark registration process starts with research

Businesses looking to register a trademark as part of a venture should go beyond just a Google search to see if it’s already been used, says Toronto trademark and copyright lawyer Taras Kulish . Read more