Shift Law | Our Insights in Copyright, Trademark & IP Law

Intellectual property protection for AI prompts

As businesses increasingly use artificial intelligence (“AI”) in their internal operations and product offerings, they are relying more on carefully engineered instructions or “prompts” to improve the AI’s performance and output. These…

BIOENGINEERING Trademark Application Refused As Deceptively Misdescriptive

On July 24, 2025, the Trademarks Opposition Board (TMOB) released its decision in Engineers Canada/Ingénieurs Canada v Signify Holding B.V. (2025 TMOB 152). The Board refused an application to register FLUENCE BIOENGINEERING…

Protecting Trade Secrets in Canada: Understanding the Current Legal Framework

The Globe and Mail published an article recently calling for Canada to adopt trade secret legislation to provide clear, consistent, and enforceable protection for trade secrets and confidential information across the country. The article…

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…

Swing and a miss for torpedo bat trademark application?

Torpedo bats are a hit in the baseball world, but attempts to register the name as a trademark are likely to strike out, says Toronto intellectual property lawyer John Simpson. The New…

Amendments to Canadian Trademarks Act and Regulations Are No Joke

It may be April Fools’ Day, but the amendments to the Trademarks Act and Regulations coming into force today are no joke. The amendments, which will have a significant impact on trademark…

F—K This Trademark Law

If governments want to restrict the use of commercial profanity, they should be using something other than trademark legislation. The fundamental purposes of trademark legislation are to protect the value in commercial…

Copyright lawsuit could create new licensing option for media industry

A lawsuit claiming copyright infringement against ChatGPT creator OpenAI could provide the media industry with a valuable new revenue stream if successful, says Toronto intellectual property lawyer John Simpson. The joint lawsuit,…

Pilot Project to Clear “Deadwood” from Canadian Trademarks Registry

The Trademarks Opposition Board has announced a new pilot project that is catching the attention of trademark practitioners and registered trademark owners in Canada. The project will involve the Registrar of Trademarks…

U.S. Trademark Fees to Increase in 2025. Canadians Should Take Note.

On January 18, 2025, the United States Patent and Trademark Office (the USPTO) will be increasing fees for trademark filings, including for new applications. These trademark fee increases are significant. They will…

Insights