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

Realtor up in arms about copycat ad, but does he have an IP claim?

By Tony Poland, LegalMatters Staff • A lawsuit alleging a Hamilton realtor stole a signature outstretched arms advertising pose from an American counterpart would make for a “fun fact scenario in a…

Ownership Rights in Domain Names

In the Internet age, domain names are valuable intangible assets. And in the event of a business break-up or dispute, who owns a business’ domain name can be a hotly-contested issue. A…

Dunder Mifflin paper chase offers a lesson in trademark protection

By Tony Poland, LegalMatters Staff • A lawsuit involving the rights to the name Dunder Mifflin – a fictional paper company featured in NBC’s The Office – is a reminder of the importance of…

Milano Pizza – The Importance of Proper Trademark Licenses

The Federal Court recently granted an order declaring a trademark registration for MILANO PIZZERIA to be invalid in Milano Pizza Ltd. v. 6034799 Canada Inc. This is a cautionary tale for licensors…

Mariah Carey copyright case reveals need to deter abusive lawsuits

By Tony Poland, LegalMatters Staff • A recent copyright infringement claim targeting Mariah Carey’s iconic song All I Want for Christmas is You demonstrates the need for stronger deterrents for questionable lawsuits, says Toronto…

The Importance of Pleading Properly in Trademark and Copyright Cases

A recent decision of the Federal Court serves as a clear reminder of the importance of pleading, with sufficient detail, all of the necessary facts to sustain or defend a trademark infringement…

Tutoring Aids, Course Packs and Copyright in Educational Resources

UofT and three professors recently sued a purveyor of tutoring materials called Easy EDU for allegedly copying course materials and including them in its “course packs”. Anyone who engages in selling tutoring…

Laws relating to photographs of people can be surprising

By Tony Poland, LegalMatters Staff • Just because someone took your photograph doesn’t mean you have the right to use the image as you wish, says Toronto intellectual property lawyer John Simpson. Simpson,…

Coexistence agreements bring peace in trademark disputes

By Tony Poland, LegalMatters Staff • A carefully crafted coexistence agreement can help prevent costly trademark infringement litigation while protecting the brand, says Toronto intellectual property lawyer John Simpson. Simpson, principal of…

Important to keep an eye to the future in co-branding deals

By Tony Poland, LegalMatters Staff • Co-branding deals can help businesses expand their market but caution is required when entering into such agreements. It is especially important to consider what happens when the…

Non-fungible tokens the next trademark challenge on the horizon

By Tony Poland, LegalMatters Staff • As digital products become more popular, consumer brand owners are increasingly looking to secure trademark rights in non-fungible tokens (NFTs), says Toronto intellectual property lawyer John Simpson. Simpson,…

Adidas loses battle of the stripes in trademark infringement lawsuit

By Tony Poland, LegalMatters • Adidas’ recent Dutch Supreme Court loss after a 25-year trademark infringement fight with international clothing company H&M illustrates how owning a famous logo can be a “double-edge…

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