Acted for the successful appellant in this appeal from an interlocutory injunction order in a trademark infringement and passing off action in the Ontario Superior Court. Three Divisional Court judges unanimously agreed that the Superior Court had erred in each element of the three-part test, including in finding that the plaintiff had established a serious issue to be tried. You can read more about the case in this article about it.

John Simpson
Principal, Lawyer
Recognized by the Law Society of Ontario as a Certified Specialist in Intellectual Property Law: Trademark/Copyright
Admitted to the Ontario Bar 2004
647.362.6055
jsimpson@shiftlaw.ca
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About John Simpson – Experienced IP Lawyer
John Simpson is the founder and principal of Shift Law. John is a registered trademark agent, a trademark and copyright lawyer and an experienced litigator in all areas of intellectual property, including trademarks, copyright, confidential information and publicity rights. He regularly appears before the Federal Court of Canada, the Ontario Superior Court and the Trademarks Opposition Board. John’s practice also includes drafting and negotiating intellectual property agreements and Canadian and U.S. trademark prosecution.
John is one of a select number of trademark and copyright lawyers who have been certified by the Law Society of Ontario as specialists in trademark and copyright law. He has published numerous articles and papers on intellectual property law issues and he has lectured on intellectual property law at Osgoode Hall law school and elsewhere. He is frequently quoted in leading publications regarding intellectual property law issues.
John is a member of the Intellectual Property Institute of Canada and has been ranked in the Canadian Legal Lexpert Directory as Repeatedly Recommended for Intellectual Property and in the World Trademark Review’s WTR1000 list of the world’s leading trademark practitioners.
John obtained his LL.B. from Western University, Faculty of Law where he was one of the original graduates of the Information and Technology Law program in 2003.
Before attending law school, John worked in the Canadian book and magazine publishing industry and, prior to that, he studied philosophy and political theory in Halifax and in New York City. He lives in Toronto with his wife and two sons. When he is not working, John likes running, cycling, skiing, watching baseball and reading about history.
Leadership and Community Involvement
- Intellectual Property Institute of Canada
- International Trademark Association
- Ontario Bar Association, Past Executive member of IT & IP Law Section
- Pro Bono legal work
- Enbridge Ride to Conquer Cancer
- Leaside Baseball Association
Client Work
Insights
When Trademarks Fall to Pieces: EUIPO Invalidates Rubik’s Cube Design Trademark
Following a recent decision by the European Union Intellectual Property Office (EUIPO) to invalidate Spin Master’s Rubik’s Cube trademark in the EU, we explore what this means for three-dimensional trademarks in Canada….
Federal Court clarifies the evidentiary burden to satisfy the Bojangles test in trademark oppositions
In 2718971 Ontario Inc. v. Kinde Company Ltd., 2025 FC 1114, the Federal Court considered an appeal from a decision of the Trademarks Opposition Board (the “TMOB”) where the opponent’s primary ground…
BAY DAYS Coming Soon to Canadian Tire?
In a much anticipated $30M deal, the coveted brand assets of Hudson’s Bay Company (HBC) are set to find a new home with another Canadian iconic retailer, Canadian Tire Corporation (CTC). The…
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