Intellectual Property

Interlocutory injunctions in trademark cases

By John Simpson . February saw two notable decisions from Canadian courts on motions for interlocutory injunctions in trademark infringement cases. The Federal Court’s decision in Sleep Country Canada Inc. v. Sears Canada Inc. , 2017 FC 148 (granting the motion) and the Quebec Superior Court’s decision in Irving Consumer Products Limited v. Cascades Canada ULC, 2017 QCCS 526 (dismissing the motion) are both interesting examples of how courts will approach this kind of motion. Read more

Business model for copyright trolling not viable in Canada

Although there have been some calls for Canadian courts to weigh in on copyright misuse by trolls, Toronto intellectual property lawyer John Simpson tells Law Times that he is more relaxed about the lack of judicial guidance on this issue, partly because the business model for trolls is not viable in this country. “I think rights owners are making the most that they can of the notice-and-notice regime, which is to say not much,” says Simpson, principal of Shift Law. Read more

Cartoon character copyright no laughing matter

You can’t just “borrow” someone else’s property without permission and the same rule applies to copyrighted property, says Toronto copyright lawyer Taras Kulish. Read more

Challenge to define property rights on social media

As intellectual property (IP) laws have been around for decades, they are not always well-suited to resolving online IP disputes — and specifically, it is often difficult to assign and define property rights on social media, Toronto intellectual property lawyer John Simpson writes in The Lawyers Weekly . Read more

Copyright claims in the age of the Internet

A former adult film performer’s efforts to erase the evidence of his past underscore the challenges of navigating copyright law in the Internet age, says Toronto intellectual property lawyer John Simpson. Read more

Canada is out of step on copyright protection

All that is old could become new again as Canadian copyright holders scramble to make their catalogues relevant and protect their intellectual rights because of a quirk in how Canada applies its laws, says Toronto copyright lawyer Taras Kulish. Read more

Only lumps of coal for ex-Fashion Santa in trademark dispute

Both parties to a dispute over the right to trademark the term “Fashion Santa” could end up on the losing side, says Toronto intellectual property lawyer Kevin Fisher. Read more

Bet on the mall getting Fashion Santa trademark: Simpson

If a battle between the man who played Fashion Santa and the mall where he worked as the styling elf goes before the courts, a trademark would likely be issued to the shopping centre — even though the model copyrighted the name, Toronto intellectual property lawyer John Simpson tells the Toronto Star . Read more

Simpson to share insights at OBA IP litigation program

Toronto intellectual property lawyer John Simpson will share his thoughts on critical interlocutory proceedings at the “Intellectual Property Litigation” program on Nov. 22, presented by the Ontario Bar Association (OBA). Read more

Use of competitor’s metatags supports claim for elevated costs

A recent decision from the Ontario Superior Court is of particular interest to trademark lawyers as it deals with using metatags of a competitor’s trademarks, says Toronto intellectual property lawyer John Simpson . Read more

Leafs go into overtime in battle against Snoop Dogg

A challenge by the Toronto Maple Leafs to protect its trademark against an incursion by rapper Snoop Dogg’s line of marijuana products with a similar name and logo has already created two winners, says Toronto intellectual property lawyer Taras Kulish . Read more

Event to focus on new Canada-Ukraine Free Trade Agreement

Toronto intellectual property lawyer Taras Kulish is organizing an upcoming event aimed at providing an overview of the recently signed Canada-Ukraine Free Trade Agreement. Read more

More companies seeing benefit of industrial design protection

Although industrial design protection is an often misunderstood part of intellectual property law in Canada, Toronto IP lawyer John Simpson tells Lawyers Weekly that he expects to see these registrations become a larger piece of companies’ portfolios. Read more

Kulish provides design primer on branding trends

Companies must take a lesson from the history of design if they want to excel in social media branding, says Toronto intellectual property lawyer Taras Kulish told a gathering of the Institute of Law Clerks of Ontario (ILCO). Read more

Some IP with your lunch?

By John Simpson . Boaden Catering Limited v. Real Food for Real Kids Inc. is a recent decision from the Ontario Superior Court that includes a healthy plateful (pun intended) of intellectual property related issues, both substantive and procedural. Shift Law obtained summary judgment in this case on behalf of the successful defendants, dismissing the plaintiff’s action in its entirety. Read more