Insights

Levi’s lawsuit demonstrates the many sides of trademark law

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. In a multi-pronged lawsuit, it is…

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

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 Toronto intellectual property lawyer John Simpson. Elon…

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

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 a petition with the U.S. Patent…

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

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,” says Toronto intellectual property lawyer John Simpson….

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

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 future of copyright law, says Toronto…

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

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, says Toronto intellectual property lawyer John Simpson….

Court decision brings trademark law back in sync

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 Federal Court trademark law, says Toronto…

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

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 challenge, says Toronto intellectual property lawyer John Simpson….

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