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

Maintaining Trademark Rights in a Pandemic

The ongoing COVID-19 pandemic has forced many businesses in Canada and abroad to shut down temporarily or to transition into new product offerings. In circumstances such as these, it is important for…

It’s important to be careful when ‘sharing’ a trademark

By LegalMatters Staff • Rights can be lost if an owner lets others use their trademark without a clear agreement on terms, says Toronto intellectual property lawyer John Simpson. In a recent…

Divisional Trademark Applications

On June 17, 2019, changes to Canada’s Trademarks Act came into effect, including the introduction of so-called divisional trademark applications. Seven months later on January 17, 2020, the Canadian Intellectual Property Office…

Led Zeppelin’s copyright win turns out to be one for the records

By LegalMatters Staff • Led Zeppelin’s victory in its long-running copyright infringement battle over Stairway to Heaven is in tune with what the law allows, says Toronto intellectual property lawyer John Simpson….

IP right infringers will find it difficult to hide in internet shadows

By LegalMatters Staff • An Ontario Court of Justice ruling ordering anonymous online posters to pay damages for defamatory statements made on an internet chat forum will help in the battle against online…

Business break-ups and trademark rights

In the absence of a written agreement, who owns and who gets to use the trademarks of a joint venture after the parties to the joint venture break up? That was the…

Latest New Policies from CIPO in Trademark Registration Process

From start to finish, the process of registering a trademark in Canada typically takes approximately 18 to 24 months. However, factors such as increased volume due in part to the legalization of…

Section 45 and use of a trademark with software

A recent decision in a proceeding under section 45 of the Trademarks Act (the “Act”) shows the difficulties inherent in proving use of trademark in association with computer software. The proceeding, Ridout…

Organic Kids Catering & design trademark rejected for (mis)descriptiveness

The Trademarks Opposition Board (the “TMOB”) has rejected an application to register a logo including the words “Organic Kids Catering” and images of children and vegetables, finding that it clearly describes (or…

Distributor’s bankruptcy does not excuse non-use of trademark

On May 29, 2019, the Trademarks Opposition Board (TMOB) released its decision in McDougall Gauley LLP v 2001237 Ontario Limited, a section 45 proceeding regarding the trademark TRAX Design (TMA651,790) (the “Mark”)….

Webscraping and copyright in factual content

On April 15, 2019, Justice Southcott of the Federal Court of Canada issued an order that puts to rest a dispute between the Toronto Real Estate Board (TREB) and website operator MongoHouse…

The “Obituary Piracy Case” and what it means for Canadian copyright law

The Federal Court’s recent decision in the case of Thomson v Afterlife Network Inc. (already known as the “Obituary Piracy case”) is the latest authority on some interesting copyright issues, including: How…

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