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

Levi’s lawsuit demonstrates the many sides of trademark law

By Tony Poland, LegalMatters Staff • Just as trademarks can take many forms so too can trademark infringement, says Toronto intellectual property lawyer John Simpson, pointing to a recent lawsuit filed by Levi’s….

Software and copyright: practical pro-active and re-active considerations for business owners

You would be hard-pressed to find a business today that does not depend on software, in one way or another, for business-critical purposes. From common functionality, like word processing and data entry,…

CIPO Trademark Fees To Increase

Trademark Fees increasing as of January 1, 2024 If you’ve been considering whether to proceed with filing new applications for trademarks, renewing an existing registration, or reviewing your trademark portfolio, it might…

Elon Musk waves bye-bye birdie to the iconic Twitter brand

By Tony Poland, LegalMatters Staff • Changing social media giant Twitter’s brand to X is a risky choice but there may well be more to the decision than meets the eye, says…

‘Taco Tuesday’ should be for everyone, Taco Bell insists

By Tony Poland, LegalMatters Staff • Taco Bell has thrown down the legal gauntlet in a public-relations-driven battle for “Taco Tuesday,” says Toronto intellectual property lawyer John Simpson. The restaurant giant recently filed…

Procedural express lanes in IP litigation

Intellectual property infringement actions in the Federal Court of Canada (where most copyright and trademark litigation takes place) and Ontario courts can take years to resolve. Fortunately, these courts offer multiple options…

Canadian copyright law likely to be influenced by Warhol decision

By Tony Poland, LegalMatters Staff • A U.S. Supreme Court (SCOTUS) ruling that saw the Andy Warhol Foundation lose its copyright fight with a celebrity photographer may have “some persuasive authority in Canadian courts,”…

Using AI to copy photos ‘raises an interesting legal question’

By Tony Poland, LegalMatters Staff • A lawsuit brought by an international visual content creator and provider against a company that uses artificial intelligence (AI) to generate computer-synthesized images could impact the…

New legislation will be needed to deal with AI’s expanding scope

By Tony Poland, LegalMatters Staff • With the ever-expanding role of artificial intelligence (AI) in the creative process, Canada’s laws will need to be amended to define and protect intellectual property rights,…

Court decision brings trademark law back in sync

By Tony Poland, LegalMatters Staff • A unanimous decision from a three-judge panel of the Ontario Superior Court of Justice (Divisional Court) effectively brings trademark law in Ontario back in line with…

The ins and outs of the use it or lose it principle of trademark law

In Vass v Leef Inc., the Federal Court recently considered whether the owner of a registered trademark had provided sufficient evidence of use of its trademark to maintain the registration. Shift Law’s…

What’s in a name? In trademark law it can depend on how it is used

By Tony Poland, LegalMatters Staff • Registering a catchy phrase or slogan as a trademark is not the simple matter it may seem and keeping it can be even more of a…

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