Generated by All in One SEO Pro v5.0.1.1, this is an llms.txt file, used by LLMs to index the site.

# Shift Law

IP PROTECTION AND TRADEMARK & COPYRIGHT LITIGATION

## Sitemaps

- [XML Sitemap](https://shiftlaw.ca/sitemap.xml): Contains all public & indexable URLs for this website.

## Posts

- [Insights](https://shiftlaw.ca/copyright-trademark-ip-lawyer-toronto-blog/) - Discover a range of industry updates, trends, and thought leadership insights by Shift Law, a copyright, trademark & IP law firm in Toronto.
- [John Simpson recognized in the 2027 edition of The Best Lawyers in Canada™](https://shiftlaw.ca/john-simpson-recognized-best-lawyers-canada/) - Shift Law is pleased to announce that John Simpson has once again been recognized in The Best Lawyers in Canada™ for his exceptional work in Intellectual Property Law. This marks the sixth consecutive year that John has received this honour, having been recognized by Best Lawyers in this practice area since 2022. Best Lawyers recognition
- [Federal court confirms copyright can subsist in a curated list of third-party links](https://shiftlaw.ca/federal-court-confirms-copyright-curated-list-third-party-links/) - Learn how the Federal Court’s decision in Rayman v. Red Crayon Inc. confirms that copyright may subsist in an original compilation of third-party hyperlinks.
- [BIOENGINEERING trademark application refused as deceptively misdescriptive](https://shiftlaw.ca/bioengineering-trademark-application-refused-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 as a trademark because the word “Bioengineering” was found to be deceptively misdescriptive of the applicant’s goods and services. The case is a
- [Intellectual property protection for AI prompts](https://shiftlaw.ca/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 prompts can constitute valuable intellectual property (“IP”) and are protectable as trade secrets or works of copyright. Businesses should treat them as such.
- [Protecting Trade Secrets in Canada: Understanding the Current Legal Framework](https://shiftlaw.ca/protecting-trade-secrets-canada-understanding-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 highlights a broader concern that existing trade secret protections are fragmented and uncertain. We have previously written about this often overlooked category of
- [ASIALICIOUS: Who Comes to Mind?](https://shiftlaw.ca/asialicious-who-comes-to-mind/) - Foodies in the Greater Toronto Area (GTA) may be aware of the Asialicious Carnival, an annual community celebration of Asian culture and cuisine that started in 2019 and is currently getting ready for its eighth year. What many may not have been aware of is that, for five of those years, the carnival’s iconic name,
- [U.S. Trademark Fees to Increase in 2025. Canadians Should Take Note.](https://shiftlaw.ca/u-s-trademark-fees-to-increase-in-2025-canadians-should-take-note/) - Starting January 18, 2025, the USPTO will increase trademark fees. Canadians with U.S. trademark portfolios should consult a Toronto IP lawyer to prepare.
- [Amendments to Canadian Trademarks Act and Regulations Are No Joke](https://shiftlaw.ca/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 practice, are meant to increase the efficiency of trademark dispute resolution and to deter behaviours in proceedings that would cause undue delay or
- [BAY DAYS Coming Soon to Canadian Tire?](https://shiftlaw.ca/bay-days-coming-soon-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 HBC coat of arms and legendary Stripes, along with BAY DAYS and other assets, will now join Canadian Tire’s family of homegrown brands,
- [IP right infringers will find it difficult to hide in internet shadows](https://shiftlaw.ca/infringing-on-ip-rights-now-more-difficult-for-those-hiding-in-the-shadows/) - 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 piracy, says Toronto intellectual property lawyer John Simpson. Simpson, principal of IP and new media law boutique Shift Law, says the judgment opens up a new avenue for clients seeking
- [Led Zeppelin's copyright win turns out to be one for the records](https://shiftlaw.ca/led-zeppelins-copyright-win-is-one-for-the-records/) - 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. “I’m not surprised. I think the court got it right. If there is one takeaway it would be that it reminds me how policy-driven the analysis of
- [It’s important to be careful when ‘sharing’ a trademark](https://shiftlaw.ca/its-important-to-be-careful-when-sharing-a-trademark/) - 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 court victory Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, acted for the successful plaintiff in a trademark infringement action that dealt
- [University scores a ‘pyrrhic victory’ in long-running copyright case](https://shiftlaw.ca/university-scores-a-pyrrhic-victory-in-long-running-copyright-case/) - A recent Federal Court of Appeal decision on copyright tariffs and fair dealing amounts to a double-edged victory for York University, says Toronto intellectual property lawyer John Simpson. The ruling in the ongoing battle between York University and Access Copyright involves an important yet “technical area that most people are not familiar with,” says Simpson,
- [Legislation will provide long-awaited protection for trade secrets](https://shiftlaw.ca/pending-legislation-will-provide-long-awaited-protection-for-trade-secrets/) - Criminal Code provisions designed to protect trade secrets and confidential information will be a “valuable enforcement tool” in the battle against infringers, says Toronto intellectual property lawyer John Simpson. Draft legislation was introduced in January ahead of the United States-Mexico-Canada ‎‎(USMCA) trade agreement, which goes into effect next month. The Criminal Code amendments are necessary
- [Google adds more ammo in fight against online counterfeiting](https://shiftlaw.ca/google-adds-more-ammo-in-fight-against-online-counterfeiting/) - A recent Google policy change provides a timely weapon in the long-running battle against online counterfeiters, says Toronto intellectual property lawyer John Simpson. Last month, the search engine giant introduced an update to its guidelines which will allow users to report websites that sell or promote the sale of counterfeit goods. Google already has a
- [Cannabis company liable for using Toys R Us inspired trademark](https://shiftlaw.ca/cannabis-company-liable-for-using-toys-r-us-inspired-trademark/) - A recent Federal Court ruling affirming the trademark rights of Toys R Us is a “textbook example” of a depreciation of goodwill case, says Toronto intellectual property lawyer John Simpson. Justice Nicholas McHaffie found that B.C. cannabis dispensary Herbs R Us Wellness Society had infringed the trademark rights of Toys R Us under section 22
- [Copying online images to cut corners can come at a cost](https://shiftlaw.ca/copying-online-images/) - Scraping photos from the internet to use with an online business is not only unscrupulous but can also be costly, as a Federal Court judgment illustrates, says Toronto intellectual property lawyer John Simpson. In Rallysport DirectLLC v. 2424508 Ontario Ltd., Justice Janet M. Fuhrer recently awarded $357,500 in statutory damages and $50,000 in punitive damages
- [Comparing an iconic apple to a pear in a trademark fight](https://shiftlaw.ca/comparing-an-iconic-apple-to-a-pear-in-a-trademark-fight/) - Sometimes there is no difference between apples and oranges ­– or any other fruit – when it comes to protecting an iconic logo, especially if that logo belongs to Apple, says Toronto intellectual property lawyer John Simpson. Apple has filed a notice of opposition in the United States Patent and Trademark Office against Prepear, claiming
- [Donald Trump and the 'moron in a hurry' trademark rule](https://shiftlaw.ca/donald-trump-and-the-moron-in-a-hurry-trademark-rule/) - U.S. President Donald Trump’s recent press conference invitation gaffe serves as an example of the trademark infringement “moron in a hurry” test, says Toronto intellectual property lawyer John Simpson. Trump sent out a tweet following news of Joe Biden’s election victory on Nov. 7 announcing a “big press conference at the Four Seasons in Philadelphia,”
- [F1 champion Hamilton spins out in trademark rights showdown](https://shiftlaw.ca/f1-champion-hamilton-spins-out-in-trademark-rights-showdown/) - It is not surprising a European court slammed the brakes on Formula One legend Lewis Hamilton’s attempt to sideswipe a renowned watchmaker’s trademark application, says Toronto intellectual property lawyer John Simpson. The seven-time F1 world champion was hoping to block the Hamilton Watch Company (HWC) from registering the name, Hamilton. However, in a recent decision,
- [Court dismisses TRREB’s motion for an interlocutory injunction](https://shiftlaw.ca/federal-court-dismisses-trrebs-motion-for-an-interlocutory-injunction/) - A recent Federal Court of Canada decision illustrates the importance of moving quickly when seeking an interlocutory injunction in a copyright case, says Toronto intellectual property lawyer John Simpson. Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, explains that an interlocutory injunction is an order that restrains a defendant from engaging in activities that allegedly infringe
- [Tragically Hip lawsuit against brewer is a ‘run-of-the-mill’ case](https://shiftlaw.ca/tragically-hip-lawsuit-against-brewer-is-a-run-of-the-mill-case/) - The Tragically Hip’s trademark infringement lawsuit against Mill Street Brewery may raise the question of whether appropriating something of iconic cultural significance can be justified but any such argument is unlikely to succeed, says Toronto intellectual property lawyer John Simpson. In a lawsuit filed in Federal Court last month, it is alleged the brewery tried to “pass off on
- [Copyright case examines the issue of history repeating itself](https://shiftlaw.ca/copyright-case-examines-the-issue-of-history-repeating-itself/) - It has often been said that one cannot rewrite history but that is not necessarily the case when it comes to copyright law, says Toronto intellectual property lawyer John Simpson. Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, says that fact is borne out in Winkler v. Hendley, a Federal Court decision dealing with two
- [Devil is in the details in Nike’s ‘Satan Shoe’ trademark battle](https://shiftlaw.ca/devil-is-in-the-details-in-nikes-satan-shoe-trademark-battle/) - Nike’s recent court victory to stop the sale of “Satan Shoes” is the latest high profile legal battle relating to “mashup culture,” says Toronto intellectual property lawyer John Simpson. “We live in a world where there is constant recycling of existing content, especially in the music business,” says Simpson, principal of IP and new media law boutique Shift Law
- [Trademarks Office unveils measures to ease 'embarrassing' backlog](https://shiftlaw.ca/trademarks-office-introduces-new-measures-to-ease-embarrassing-backlog/) - New measures designed to expedite trademark applications are certainly welcome but may not go far enough to ease a growing backlog in the Canadian Trademarks Office, says Toronto intellectual property lawyer John Simpson. The Canadian Intellectual Property Office (CIPO) published two practice notices this month in an effort to deal with delays in processing trademark applications. But whether the changes will
- [The intellectual property protection Banksy wants comes at a cost](https://shiftlaw.ca/the-intellectual-property-protection-banksy-wants-comes-at-a-cost/) - The latest attempt by famed street artist Banksy to remain in the shadows while protecting his iconic work from unauthorized reproduction is “an interesting study in the differences between copyright and trademark law,” says Toronto intellectual property lawyer John Simpson. The Sydney Morning Herald reports that the lawyer for a British greeting card company trying to stop Banksy from trademarking
- [Willy Wonka ad shows effectiveness of social media IP policing policies](https://shiftlaw.ca/willy-wonka-ad-shows-effectiveness-of-social-media-ip-policing-policies/) - The Willy Wonka attack ad against Justin Trudeau on Twitter is a good example of how intellectual property rights enforcement procedures on social media platforms can give rights owners much quicker results than courts, says Toronto IP lawyer John Simpson. Early in the recent federal election, Twitter pulled the Conservative Party of Canada attack ad from its
- [SCC refuses to say whether copyright guidelines are fair dealing ](https://shiftlaw.ca/scc-refuses-to-say-whether-copyright-guidelines-are-fair-dealing/) - The Supreme Court of Canada (SCC) handed York University a big win last month, holding that it is not bound to pay royalties to Access Copyright under a collective licensing regime. But in its unanimous decision, the Court declined to even consider York’s request for a declaration that all copying of materials done in accordance with
- [Adidas loses battle of the stripes in trademark infringement lawsuit](https://shiftlaw.ca/adidas-loses-battle-of-the-stripes-in-trademark-infringement-lawsuit/) - 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 sword,” says Toronto intellectual property lawyer John Simpson. The Dutch court refused to hear the multinational sportswear company’s appeal of an earlier decision that found H&M’s use of two
- [Non-fungible tokens the next trademark challenge on the horizon](https://shiftlaw.ca/non-fungible-tokens-the-next-trademark-challenge-on-the-horizon/) - 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, principal of IP and new media law boutique Shift Law Professional Corporation, points to a recent report stating Nike is seeking to register trademarks for a variety of virtual goods and
- [Important to keep an eye to the future in co-branding deals](https://shiftlaw.ca/keep-an-eye-to-the-future-in-co-branding-agreements/) - 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 partnership ends, says Toronto intellectual property lawyer John Simpson. Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, points to a recent trademark and copyright infringement lawsuit
- [Coexistence agreements bring peace in trademark disputes](https://shiftlaw.ca/coexistence-agreements-bring-peace-in-trademark-disputes/) - 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 IP and new media law boutique Shift Law Professional Corporation, says coexisting agreements are quite common, citing U.S. retailing giant Target Corporation and Target Australia as an example. He
- [Laws relating to photographs of people can be surprising](https://shiftlaw.ca/laws-relating-to-photographs-of-people-can-be-surprising/) - 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, principal of IP and new media law boutique Shift Law Professional Corporation, used the case of American model and actress Emily Ratajkowski – who recently settled a copyright infringement case
- [Mariah Carey copyright case reveals need to deter abusive lawsuits](https://shiftlaw.ca/mariah-carey-copyright-case-reveals-need-to-deter-abusive-lawsuits/) - 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 intellectual property lawyer John Simpson. Singer and songwriter Andy Stone filed a US$20-million lawsuit claiming he co-wrote a song with the same name five years before Carey’s 1994 megahit. Also
- [Dunder Mifflin paper chase offers a lesson in trademark protection](https://shiftlaw.ca/dunder-mifflin-paper-chase-offers-a-lesson-in-trademark-protection/) - 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 monitoring trademarks, says Toronto intellectual property lawyer John Simpson. According to a media report, multinational media and entertainment conglomerate NBCUniversal is suing a company it calls a “trademark squatter.” In the
- [Realtor up in arms about copycat ad, but does he have an IP claim?](https://shiftlaw.ca/realtor-up-in-arms-about-copycat-ad-but-does-he-have-an-ip-claim/) - 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 law school intellectual property class,” says Toronto intellectual property lawyer John Simpson. According to CP24, a Minnesota real estate agent filed a lawsuit in August alleging his Hamilton counterpart used the
- [What's in a name? In trademark law it can depend on how it is used](https://shiftlaw.ca/whats-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. As the holiday shopping season approaches, Simpson, principal of IP boutique Shift Law Professional Corporation, pointed to a German court’s recent revocation of the trademark
- [Court decision brings trademark law back in sync](https://shiftlaw.ca/superior-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 intellectual property lawyer John Simpson, principal of IP boutique Shift Law Professional Corporation. Simpson, who represented the successful party, says the decision is also a
- [New legislation will be needed to deal with AI's expanding scope](https://shiftlaw.ca/new-legislation-will-be-needed-to-deal-with-ais-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. AI has been around for decades and has developed into a formidable tool with increasing applications, says Simpson, principal of IP boutique Shift Law
- [Using AI to copy photos 'raises an interesting legal question'](https://shiftlaw.ca/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 intellectual property lawyer John Simpson. In the lawsuit filed in the United States, Stability AI is accused of a “brazen infringement of Getty Images’ intellectual property
- [Canadian copyright law likely to be influenced by Warhol decision](https://shiftlaw.ca/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. On May 18, SCOTUS upheld a lower court’s decision that found Warhol’s work, based on a Lynn Goldsmith photo of rock icon Prince,
- ['Taco Tuesday' should be for everyone, Taco Bell insists](https://shiftlaw.ca/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 and Trademark Office’s Trademark Trial and Appeal Board to invalidate Taco John’s “Taco Tuesday” trademark. Taco Bell insists the commonly used phrase “should
- [Elon Musk waves bye-bye birdie to the iconic Twitter brand](https://shiftlaw.ca/elon-musk-waves-bye-bye-birdy-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 Musk, who completed a US$44-billion purchase of Twitter almost one year ago, recently announced he has rebranded the platform. The iconic blue bird
- [Levi’s lawsuit demonstrates the many sides of trademark law](https://shiftlaw.ca/levis-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 alleged designer Coperni infringed on the trademark rights held by Levi’s for its “Arcuate” pocket stitching pattern as well as the fabric tab
- [IP rights are at the centre of Starbucks' dispute with union](https://shiftlaw.ca/starbucks-copyright-lawsuit/) - Recent lawsuits concerning a pro-Palestine social media post by Starbucks union organizers is an example of how intellectual property law often finds its way into larger disputes “as a collateral issue,” says Toronto intellectual property lawyer John Simpson. Starbucks and the Starbucks Workers Union are countersuing after the union expressed “solidarity with Palestine” in a post
- [‘Trump too small’ slogan is not deserving of trademark protection](https://shiftlaw.ca/trump-too-small-slogan-not-deserving-of-trademark-protection/) - Toronto intellectual property lawyer John Simpson says he expects the Supreme Court of the United States (SCOTUS) will back that country’s patent and trademark office decision to deny trademark protection in the "Trump too small" T-shirt flap. Political activist Steve Elster had sought to register the suggestive phrase as a slogan for T-shirts. When he was turned
- [Remain vigilant over your licensees in trademark agreements](https://shiftlaw.ca/remain-vigilant-over-your-licensees-in-trademark-agreements/) - Protecting your trademark rights means not only guarding against infringers but ensuring you have sufficient control over licensees, says Toronto intellectual property lawyer John Simpson. “Businesses often look for friendly arrangements with others but the trademark owner must always be vigilant,” says Simpson, principal of IP and new media law boutique Shift Law Professional Corporation. “There are
- [U.S. lawmakers tee up copyright protection for golf courses](https://shiftlaw.ca/u-s-lawmakers-tee-up-copyright-protection-for-golf-courses/) - A push to amend United States law to extend copyright protection to golf courses raises interesting issues about the kinds of works that can be protected by copyright, says Toronto intellectual property lawyer John Simpson. The BIRDIE Act – Bolstering Intellectual Rights against Digital Infringement Enhancement Act ­­– was introduced in Congress by U.S. Reps.
- [Trademarks Act not meant to protect Canadian sensibilities](https://shiftlaw.ca/trademarks-act-not-meant-to-protect-canadian-sensibilities/) - The purpose of a trademark is to identify the source of goods and services while providing legal protection for a brand, not to protect people's sensibilities, says Toronto intellectual property lawyer John Simpson. Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, says if governments want to restrict the use of
- [Time is not on the side of copyright infringers, SCOTUS rules](https://shiftlaw.ca/time-is-not-on-the-side-of-copyright-infringers-scotus-rules/) - A recent Supreme Court of the United States (SCOTUS) ruling that found a copyright infringer was liable for damages accruing more than nearly a decade before the infringement was discovered raises interesting limitations issues, says Toronto intellectual property lawyer John Simpson. In Warner Chappell Music, Inc. v. Nealy, SCOTUS held that the U.S. “Copyright Act
- [McDonald’s loses Big Mac TM battle (but probably not the war)](https://shiftlaw.ca/mcdonalds-loses-big-mac-trademark-battle-but-probably-not-the-war/) - It is not surprising McDonald's lost exclusive rights to the use of the term "Big Mac" for chicken products in Europe but the loss is unlikely to significantly affect the fast-food behemoth’s rights in its iconic brand, says Toronto intellectual property lawyer John Simpson. The European Court of Justice recently ruled that McDonald’s is not
- [U.S. ruling a step forward in litigating AI copyright disputes](https://shiftlaw.ca/u-s-ruling-a-step-forward-in-litigating-ai-copyright-disputes/) - A ruling in a U.S. class action lawsuit has created a “roadmap” that may guide artificial intelligence (AI) copyright infringement cases going forward, says Toronto intellectual property lawyer John Simpson. Earlier this month a Northern District of California judge ruled that a groundbreaking copyright infringement lawsuit filed by visual artists against Stability AI, Midjourney and
- [Trademark law is not intended to stifle competition](https://shiftlaw.ca/trademark-law-is-not-intended-to-stifle-competition/) - The line between legitimate competition and trademark infringement can be a fine one, says Toronto intellectual property lawyer John Simpson. Simpson, principal of IP boutique Shift Law Professional Corporation points to the recent case of Biosteel Inc. v. Cizzle Brands Ltd. as an example. BioSteel, which had marketed a well-known brand of sports hydration drinks
- [Copyright lawsuit could create new licensing option for media industry](https://shiftlaw.ca/copyright-lawsuit-could-create-licensing-opportunity-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, launched by Canadian news outlets including the Toronto Star, The Globe and Mail, CBC and Canadian Press, was filed late last year in
- [Swing and a miss for torpedo bat trademark application?](https://shiftlaw.ca/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 York Yankees opened the Major League Baseball season on a torrid home run pace using the bats, sparking “torpedo” mania. But Simpson, principal
- [When Trademarks Fall to Pieces: EUIPO Invalidates Rubik’s Cube Design Trademark](https://shiftlaw.ca/euipo-invalidates-rubiks-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. Last week, I watched a guy on the subway solve a Rubik's Cube between stations. At least, it looked like a Rubik's Cube—that
- [Federal Court clarifies the evidentiary burden to satisfy the Bojangles test in trademark oppositions](https://shiftlaw.ca/federal-court-clarifies-evidentiary-burden-satisfy-bojangles-test-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 of opposition was that the distinctiveness of the applicant’s trademark had been negated by the opponent’s use of a similar trademark after the
- [The Importance of Pleading Properly in Trademark and Copyright Cases](https://shiftlaw.ca/the-importance-of-pleading-properly-in-trademark-and-copyright-case/) - Learn why proper pleading is crucial in trademark and copyright cases. Insights from a copyright lawyer in Toronto to ensure your case is strong and effective.
- [Richard Prince, fair dealing and “owning” your content on Instagram](https://shiftlaw.ca/richard-prince-fair-dealing-and-owning-your-content-on-instagram/) - U.S. artist, Richard Prince, has generated considerable mainstream publicity by appropriating images he found on Instagram and featuring them in his “New Portraits” collection. A number of copyright lawyers in the U.S. and Canada, including myself, have also weighed in on the legality of Prince’s appropriation art. Most of the legal discussion has centred on
- [Latest New Policies from CIPO in Trademark Registration Process](https://shiftlaw.ca/new-cipo-policy-on/) - On January 17, 2020, CIPO released a new practice notice on Extensions of time in Examination and to respond to a section 44.1 notice, which seeks to address some of the delays associated with trademark registration in Canada.
- [Procedural express lanes in IP litigation](https://shiftlaw.ca/procedural-express-lanes-in-ip-litigation/) - Streamline IP disputes with an expert IP lawyer in Toronto. Learn about summary judgment and applications for faster, cost-effective litigation.
- [Maintaining Trademark Rights in a Pandemic](https://shiftlaw.ca/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.
- [Webscraping and copyright in factual content](https://shiftlaw.ca/copyright-and-factual-content/) - TREB’s action against MongoHouse asserts copyright in the MLS and alleges infringement. Consult a Toronto IP lawyer for guidance on webscraping and copyright.
- [Software and copyright: practical pro-active and re-active considerations for business owners](https://shiftlaw.ca/software-and-copyright/) - 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, to highly specialized tasks, like 3D modelling, there is software for nearly any business need. The developers of this software own valuable intellectual
- [Government Fees to Increase for US Trademarks](https://shiftlaw.ca/government-fees-to-increase-for-us-trademarks/) - Learn about the US trademark fee hikes and how our Toronto Trademark Lawyers can help your business file before the increase takes effect. Contact us today!
- [New Measures for Expedited and Timelier Trademark Examination in Canada](https://shiftlaw.ca/new-measures-for-expedited-and-timelier-trademark-examination-in-canada/) - Learn about CIPO's expedited examination process and how Shift Law, a team of Toronto trademark lawyers, can help streamline your trademark application.
- [Ownership Rights in Domain Names](https://shiftlaw.ca/canivate-and-mold-ca-blogpost/) - Learn about domain ownership rights, handling disputes, and protecting intangible assets with expert advice from Shift Law's Toronto IP Lawyer.
- [Important Considerations for Canadians Filing U.S. Trademark Applications](https://shiftlaw.ca/important-considerations-for-canadians-filing-u-s-trademark-applications/) - Learn key considerations & differences in the application process for Canadians filing U.S. trademark applications from experienced Toronto trademark lawyers.
- [Trademarks and the Federal Government's IP Strategy](https://shiftlaw.ca/trademarks-and-the-federal-governments-ip-strategy/) - There are three parts to the Government's IP Strategy: IP awareness, education and advice; Strategic IP tools for growth; and IP legislation
- [CIPO Trademark Fees To Increase](https://shiftlaw.ca/cipo-trademark-fees-to-increase/) - CIPO trademark fees rise in 2024. Consult an IP lawyer in Toronto to file new applications, renew trademarks, or review your portfolio before the increase.
- [Trademark Infringement and Interlocutory Injunctions](https://shiftlaw.ca/trademark-infringement-interlocutory-injunctions/) - Learn about the legal aspects of trademark infringement and the role of interlocutory injunctions in protecting trademark rights. Gain valuable insights in this informative post from Shift Law.
- [Divisional Trademark Applications](https://shiftlaw.ca/divisional-trademark-applications/) - Dividing trademark applications can be an effective strategy for getting around substantive objections.
- [Pilot Project to Clear “Deadwood” from Canadian Trademarks Registry](https://shiftlaw.ca/pilot-project-to-clear-deadwood-from-canadian-trademarks-registry/) - In this blog post, our Toronto trademark lawyers discuss Canada's new pilot project to remove 'deadwood' from the trademarks registry.
- [Milano Pizza – The Importance of Proper Trademark Licenses](https://shiftlaw.ca/milano-pizza-the-importance-of-proper-trademark-license/) - Learn the importance of trademark licensing and how lack of control caused issues for Milano Pizza. Get insights from a Toronto-based trademark filing lawyer.
- [Federal Court dismisses CBC’s copyright lawsuit over election attack ads](https://shiftlaw.ca/federal-court-dismisses-cbcs-copyright-lawsuit-over-election-attack-ads/) - Learn about the recent dismissal of CBC's copyright lawsuit regarding election attack ads by the Federal Court. Explore the legal implications in this informative post from Shift Law.
- [Recent Developments in Canadian Trademarks Office Practice](https://shiftlaw.ca/recent-developments-in-canadian-trademarks-office-practice/) - Stay updated on TMOB changes and automated classification in Canadian trademark law with Shift Law's expert trademark, copyright, and IP lawyers in Toronto.
- [F—K This Trademark Law](https://shiftlaw.ca/f-k-this-trademark-law/) - In this blog post, our expert Toronto trademark lawyers discuss the impact of profanity on trademark law and the need for legislative change.
- [Facebook's forum selection clause ruled unenforceable](https://shiftlaw.ca/facebooks-forum-selection-clause-ruled-unenforceable/) - In this blog post, our Toronto IP lawyers discuss the Supreme Court of Canada's decision on enforceability of forum selection clauses in website terms of use.
- [Terms of Use and Ownership of User Generated Content](https://shiftlaw.ca/terms-of-use-and-ownership-of-user-generated-content/) - Shift Law | Ownership of user-generated online content remains a hot issue, and not only among intellectual property lawyers.
- [Business break-ups and trademark rights](https://shiftlaw.ca/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 central issue before the Federal Court in Corey Bessner Consulting Inc. dba Core Consultants Realty v. Core Consultants Realty et al., a case decided after a summary trial where three witnesses gave competing accounts of, in the words of Justice Walker, “the genesis, structure and ultimate demise of the alliance that is at the centre of this action”. John Simpson and Shan Arora of Shift Law acted for the successful plaintiff.
- [Distributor's bankruptcy does not excuse non-use of trademark](https://shiftlaw.ca/distributors-bankruptcy-does-not-excuse-non-use-of-trademark/) - The TMOB’s decision in McDougall Gauley LLP v 2001237 Ontario Limited clarifies trademark use requirements. Consult a Toronto Trademark Lawyer for more details.
- [Use it or lose it: clearing dead wood from the Trademarks Register](https://shiftlaw.ca/use-it-or-lose-it-clearing-dead-wood-from-the-trademarks-register/) - What can you do when you want to use or register a trademark that someone else has already registered but who, you suspect, is no longer using it? This was the issue recently facing one of Shift Law’s clients. They had been using the trademark, BROADVIEW, in association with their financial services for years. But,
- [Section 45 and use of a trademark with software](https://shiftlaw.ca/section-45-and-use-of-a-trademark-with-software/) - Shift Law | 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.
- [Federal Court rules that gripe site infringes United Airlines’ trademarks and copyright](https://shiftlaw.ca/federal-court-rules-that-gripe-site-infringes-united-airlines-trademarks-and-copyright/) - In this blog post, our Toronto copyright lawyers discuss a Federal Court decision on trademark and copyright infringement by a gripe site, and its implications.
- [Protecting Your Trade-Mark Rights: Police Them or Lose Them](https://shiftlaw.ca/protecting-your-trade-mark-rights-police-them-or-lose-them/) - In this blog post, our Toronto IP lawyers discuss the importance of protecting your trademark rights and the consequences of failing to police your brand.
- [Tutoring Aids, Course Packs and Copyright in Educational Resources](https://shiftlaw.ca/tutoring-aids-course-packs-and-copyright-in-educational-resources/) - Learn about the implications of selling tutoring materials & understand copyright law in this informative post from our team of Toronto copyright lawyers.
- [The Complete Guide to Protecting Your Trademark on Amazon](https://shiftlaw.ca/the-complete-guide-to-protecting-your-trademark-on-amazon/) - Protect your trademark on Amazon with expert legal advice from our team of Toronto IP lawyers & learn how to use Amazon Brand Registry to safeguard your brand.
- [Falsely claiming to be an “exclusive distributor” may infringe manufacturer’s trademark rights](https://shiftlaw.ca/falsely-claiming-to-be-an-exclusive-distributor-may-infringe-manufacturers-trademark-rights/) - Learn from our trademark filing lawyers on how to navigate cases of trademark infringement and protect your brand rights in this post from Shift Law.
- [100 Day Countdown to Canada's New Trademarks Regime: A Brand-owners' Guide](https://shiftlaw.ca/100-day-countdown-to-canadas-new-trademarks-regime-what-brand-owners-need-to-know-and-do-now/) - Shift Law outlines key changes to the Trademarks Act. Consult a trademark lawyer Toronto for tips on protecting your portfolio and minimizing costs.
- [The "Obituary Piracy Case" and what it means for Canadian copyright law](https://shiftlaw.ca/the-obituary-piracy-case-and-what-it-means-for-canadian-copyright-law/) - The Federal Court’s decision in Thomson v Afterlife Network Inc. highlights key copyright issues. Read more for a Toronto copyright lawyers insights.
- [Trademarks Opposition Board Decision Highlights Delays in the Application Process](https://shiftlaw.ca/trademarks-opposition-board-decision-highlights-delays-in-the-application-process/) - Learn how our team of Toronto Trademark Lawyers navigated delays in the trademark application process to defend against opposition in the Kinde Company case.
- [The ins and outs of the use it or lose it principle of trademark law](https://shiftlaw.ca/the-ins-and-outs-of-the-use-it-or-lose-it-principle-of-trademark-law/) - Need a trademark lawyer in Toronto? Learn how to defend your trademark rights under the "use it or lose it" principle of Canadian trademark law.
- [Domain Name Registration, Passing Off and Trademark Infringement](https://shiftlaw.ca/domain-name-registration-passing-off-and-trademark-infringement/) - Shift Law |Registering a domain name similar to a competitor’s in order to redirect traffic doesn't always fit within trademark infringement framework
- [A brief history of passing off, websites and "initial interest confusion" in Canada](https://shiftlaw.ca/a-brief-history-of-passing-off-websites-and-initial-interest-confusion-in-canada/) - The Federal Court’s recent decision in Red Label Vacations Inc. (redtag.ca) v. 411 Travel Buys Limited (411travelbuys.ca), 2015 FC 19 is the latest in a series of Canadian cases to address the tort of passing off in the context of website domain names and meta tags. And it is a departure from where things had appeared to be
- [Cautionary notes on settling your trademark or copyright dispute](https://shiftlaw.ca/cautionary-notes-on-settling-your-trademark-or-copyright-dispute/) - The vast majority of disputes over intellectual property rights, including trademarks, patents and copyright, settle before reaching a courtroom. There are many advantages to resolving your dispute through a settlement agreement instead of leaving it to a judge to resolve it, even when that means accepting a less favourable result than what you’d expect to
- [Cinar v. Robinson: Are Derivative Works Afloat in Murky Copyright Waters?](https://shiftlaw.ca/cinar-v-robinson-are-derivative-works-afloat-in-murky-copyright-waters/) - Shift Law | On Feb 13/2013, the Supreme Court of Canada heard the appeal of the infamous copyright infringement case of Cinar Corporation v Robinson
- [The NeighborCity Lawsuits - Scraping the Surface of Copyright in Fact Based Works](https://shiftlaw.ca/the-neighborcity-lawsuits-scraping-the-surface-of-copyright-in-fact-based-works/) - Shift Law | Toronto IP lawyer John Simpson discusses two copyright infringement lawsuits in the U.S.
- [New amendments to Trademarks Act will help prevent trademark trolls](https://shiftlaw.ca/new-amendments-to-trademarks-act-will-help-prevent-trademark-trolls/) - New amendments to Trademarks Act will help prevent trademark trolls
- [Canada’s New “Notice and Notice” Copyright Enforcement Regime](https://shiftlaw.ca/canadas-new-notice-and-notice-copyright-enforcement-regime/) - Canada soon have implemented the final pieces of the Copyright Modernization Act-Canada’s answer to bringing copyright laws in line with digital age
- [Online Trademark Infringement - The Return of “Initial Interest Confusion”](https://shiftlaw.ca/online-trademark-infringement-the-return-of-initial-interest-confusion/) - The doctrine of “initial interest confusion” has again surfaced in Canada, and once again in the context of online advertising, confusing domain names and passing off (common-law trademark infringement). We’ve been tracking the development of this subject over the past couple of years beginning with “A Brief History of Passing Off, Websites and Initial Interest
- [Policing Trademark Rights during a Pandemic](https://shiftlaw.ca/policing-trademark-rights-during-a-pandemic/) - We look at the implications of COVID-19 on trademark rights from a different but related perspective – namely, the importance of policing trademark rights even, and especially, in the midst of a pandemic.
- [Initial interest confusion in Canada: recent developments](https://shiftlaw.ca/initial-interest-confusion-in-canada-recent-developments/) - Back in April, we wrote about the history in Canada of a U.S. trademark infringement doctrine called “initial interest confusion” – see “A brief history of passing off, websites and "initial interest confusion" in Canada”. As we explained there, “initial interest confusion” refers to when customers seeking the plaintiff’s website are initially attracted to the defendant’s
- [Organic Kids Catering & design trademark rejected for (mis)descriptiveness](https://shiftlaw.ca/organic-kids-catering-and-design-trademark-rejected-for-misdescriptiveness/) - Shift Law | TMOB rejected an application to register a logo including the words “Organic Kids Catering” as it misdescribed services of the company
- [When is it "fair" to copy an original work?](https://shiftlaw.ca/when-is-it-fair-to-copy-an-original-work/) - A recent copyright decision of the Federal Court of Canada has stirred conversation around what constitutes ‘fair’ for the purposes of fair dealing.
- [Don’t Overlook the Importance of Confidential Business Information](https://shiftlaw.ca/dont-overlook-the-importance-of-confidential-business-information/) - Shift Law | The very nature of CBI makes it hard to protect in the context of IP law
- [Canada's New Copyright Modernization Act](https://shiftlaw.ca/canadas-new-copyright-modernization-act/) - Shift Law | The new Copyright Modernization Act introduces some very significant changes to copyright law in Canada.
- [IP for Small Businesses](https://shiftlaw.ca/ip-for-small-businesses/) - Shift Law | Learn about the six ways in which most small businesses engage with, or ought to engage with Intellectual Property
- [Between thought and expression](https://shiftlaw.ca/between-thought-and-expression/) - The decision in Rains v. Molea about allegations of copyright infringement in a series of paintings of crumpled paper, is a fun read for an IP lawyer.
- [Property in Domain Names: Registration Doesn’t Always Mean Ownership](https://shiftlaw.ca/property-in-domain-names-registration-doesnt-always-mean-ownership/) - Property in Domain Names: Registration Doesn’t Always Mean Ownership Toronto | Shift Law
- [Major changes coming to Canadian trademark law](https://shiftlaw.ca/major-changes-coming-to-canadian-trademark-law/) - Shift Law | Canada’s Trade-marks Act is about to undergo its most significant amendments since it was first enacted in 1953
- [Employers, Employees and Confidential Business Information](https://shiftlaw.ca/employers-employees-and-confidential-business-information/) - Shift Law |Recent years have seen an increase in trade secret theft and misappropriation of confidential business information throughout North America
- [Protecting Confidential Information with the Doctrine of “Inevitable Disclosure”](https://shiftlaw.ca/protecting-confidential-information-with-the-doctrine-of-inevitable-disclosure/) - Shift Law| Canadian courts will generally recognize the value of proprietary confidential information and often grant injunctions to protect it
- [Internet Memes, Catch Phrases and IP Rights](https://shiftlaw.ca/internet-memes-catch-phrases-and-ip-rights/) - IP lawyer Simpson noted that trademark registration can help secure the value of and control the use of catch phrases associated with star athletes
- [Register your trademarks – There’s never been a better time to do so](https://shiftlaw.ca/register-your-trademarks-theres-never-been-a-better-time-to-do-so/) - There’s never been a better time than now to register your trademarks, like the name of your business, your logo or the brand names for your products or services.In Canada, registering a trademark means getting it listed on the Register of Trade-marks in the Canadian Intellectual Property Office. A trademark does not have to be
- [Combating Online Infringement and Disparagement of Your Trademark](https://shiftlaw.ca/combating-online-infringement-dilution-and-disparagement-of-your-trademark-brand/) - You've spent years building goodwill in your business and translating it into your brand name. You've registered your brand name as a trademark which you use as the domain name for your company's website. You've invested many thousands of dollars optimizing your website and using it to promote your business. Suddenly you discover that a
- [IP response to Online Brand and Reputation Attacks](https://shiftlaw.ca/ip-respose-to-online-brand-and-reputation-attacks/) - Online threats to commercial reputations are on the rise. These include “attack sites”, “gripe sites” (e.g. RipOff Report), cyber-libel via social media, domain name high-jacking, meta tag high-jacking and defamatory email campaigns. Online brand and reputation attacks are easy and inexpensive to wage and they can be devastatingly effective. When confronted with an online attack
- [The ABC’s of Section 6(5)(a)-(e): Back to basics on trademark confusion](https://shiftlaw.ca/the-abcs-of-section-65a-e-back-to-basics-on-trademark-confusion/) - In its recent decision in Home Hardware Stores Limited v Benjamin Moore & Co Limited, 2015 FC 1344, the Federal Court has taken us back to the basics of assessing the likelihood of confusion between trademarks and how to apply the relevant factors to consider, as set out under section 6(5) of the Trademarks Act.
- [The importance of policing your trademarks: The need to "Strike Back"](https://shiftlaw.ca/the-importance-of-policing-your-trademarks-the-need-to-strike-back/) - I was recently asked by the Toronto Star to comment on Lucasfilm’s decision to serve a charitable organization called Newmindspace with a cease and desist letter demanding that they stop all use of the term “Light Saber” in association with their charitable events. You can see the article and get some more background here. As we all
- [Hand over that domain!](https://shiftlaw.ca/hand-over-that-domain/) - As the e-commerce space becomes ever more crowded, disputes over confusingly similar domain names are becoming ever more common. One issue that has been particularly vexing is whether a court can order the registrant of a domain name who uses it to infringe someone’s trademark to deliver up that domain to the rightful trademark owner.
- [The line between facts and expression in two recent copyright cases](https://shiftlaw.ca/the-line-between-facts-and-expression-in-two-recent-copyright-cases/) - It is a basic tenet of copyright law that copyright does not protect facts or ideas. Data, information, facts, systems, opinions, or broad common themes cannot be anyone’s exclusive property. Copyright does, however, protect the expression or compiling of facts in a fixed, original form. Recently, two cases were heard in Canada where litigants challenged
- [Boaden Catering Limited v. Real Food for Real Kids Inc. – Some IP with your lunch?](https://shiftlaw.ca/boaden-catering-limited-v-real-food-for-real-kids-inc-some-ip-with-your-lunch/) - Boaden Catering Limited v. Real Food for Real Kids Inc. is a recent decision from the Ontario Superior Court that includes a healthy plateful (pun intended) of intellectual property related issues, both substantive and procedural. Shift Law obtained summary judgment in this case on behalf of the successful defendants, dismissing the plaintiff’s action in its entirety.
- [New Guidelines for Paid Endorsements and Incentivized Marketing](https://shiftlaw.ca/new-guidelines-for-paid-endorsements-and-incentivized-marketing/) - In a world where businesses are aggressively competing for the attention of consumers, paid online reviews and endorsements are now popular and even commonplace forms of advertisement and promotion. However, this form of paid advertising is, now more than ever, raising questions around bias and lack of transparency in incentivized marketing. Increasingly, businesses are paying
- [“Fashion Santa” - A Very Seasonal Intellectual Property Dispute](https://shiftlaw.ca/fashion-santa-a-very-seasonal-ip-dispute/) - For two Christmas seasons in a row the chic white-bearded 50-something-year-old model, Paul Mason, has donned designer garb and paraded around Yorkdale mall calling himself “Fashion Santa”. Just as we enter into the festive holiday season, a legal debate is brewing over this dapper Saint Nick that has everyone asking who owns “Fashion Santa”? Paul
- [Interlocutory injunctions in trademark cases - two recent decisions with different results](https://shiftlaw.ca/interlocutory-injunctions-in-trademark-cases-two-recent-decisions-with-different-results/) - February saw two notable decisions from Canadian courts on motions for interlocutory injunctions in trademark infringement cases. The Federal Court’s decision in Sleep Country Canada Inc. v. Sears Canada Inc., 2017 FC 148 (granting the motion) and the Quebec Superior Court’s decision in Irving Consumer Products Limited v. Cascades Canada ULC, 2017 QCCS 526 (dismissing the motion) are
- [Trademark provisions under the new Cannabis Act](https://shiftlaw.ca/trademark-provisions-under-the-new-cannabis-act/) - The federal government’s recently tabled Cannabis Act (Bill C-45) – which will legalize the recreational use of cannabis in Canada –will affect, in one way or another, a wide variety of existing regulatory regimes, including those relating to criminal law, health law, employment law, municipal law, sales tax and consumer protection, among others. Naturally, what we’re interested
- [GOOGLE: Still a trademark](https://shiftlaw.ca/google-still-a-trademark/) - Looking for the city’s most popular restaurant? Google it! Need to confirm a historical fact? Google it! Doubt as to directions? Google it! The act of “googling” has become common place and common parlance when we refer to conducting an online search. The pervasive use of “google” as a verb, rather than strictly as a
- [Supreme Court 'Equusteks' it to online trademark infringers](https://shiftlaw.ca/supreme-court-equusteks-it-to-online-trademark-infringers/) - This post concerns one of the two recent landmark decisions from the Supreme Court of Canada concerning territorial commercial interests on the borderless Internet. In Google Inc. v. Equustek Solutions Inc. 2017 SCC 34, the Court confirmed that Canadian courts can grant orders prohibiting the infringement of Canadian trademarks and the enabling of trademark infringement wherever that
- [Trademark infringement and interlocutory injunctions](https://shiftlaw.ca/trademark-infringement-and-interlocutory-injunctions/) - Recently we wrote about TFI Foods Ltd. v. Every Green International Inc. which saw the Federal Court grant an interlocutory injunction in a trademark infringement and passing off case. However, as we noted the plaintiff’s motion was uncontested so it’s difficult to say the decision, in that case, makes it much easier to win these motions. For

## Pages

- [Home Page](https://shiftlaw.ca/) - Shift Law’s skilled Toronto trademark, copyright and IP lawyers protect your IP, register trademarks in Canada and the U.S., draft agreements and win disputes.
- [Trademark Search and Clearance FAQ](https://shiftlaw.ca/trademark-search-and-clearance-faq/) - Are you looking for answers about trademark searches? This FAQ page, written by our Toronto Trademark Lawyers, covers everything you need to know.
- [Trademark Registration FAQ](https://shiftlaw.ca/trademark-registration-faq/) - Get expert answers from Shift Law's Toronto Trademark Lawyers. Our FAQ page guides you through trademark registration and protecting your intellectual property.
- [About](https://shiftlaw.ca/trademark-copyright-law-firm/) - Learn how Toronto-based Shift Law combines deep expertise in intellectual property law with client-focused service to protect your trademarks and copyrights.
- [Contact Us](https://shiftlaw.ca/contact/) - Contact Shift Law, a top boutique IP law firm in Toronto. Email: info@shiftlaw.ca, Telephone: 647.361.7533, or send us a message.
- [Download our Free Guide](https://shiftlaw.ca/intellectual-property-guide-for-canadian-business-owners/) - Discover how to safeguard your Canadian business with our comprehensive guide to intellectual property, trademarks, and IP protection strategies
- [Terms of Use](https://shiftlaw.ca/terms-of-use/) - Terms of Use This website provides information about Shift Law Professional Corporation (“Shift Law”), its services, its employees and general information about intellectual property (IP) law and IP litigation. By accessing this website and Shift Law’s social media accounts (the “Sites”), you agree to comply with and be bound by these terms and conditions (“Terms
- [Client Work](https://shiftlaw.ca/recent-work/) - Explore our recent trademark, copyright and IP client work. See how our Toronto-based boutique IP law firm delivers strategic, results-driven legal solutions.
- [Testimonials](https://shiftlaw.ca/shift-law-copyright-trademark-ip-lawyer-testimonials/) - Explore testimonials for Shift Law's trusted Toronto Trademark Lawyers. Discover how our clients benefit from our expertise in IP law and protection.
- [Our Services](https://shiftlaw.ca/services/) - Shift Law's IP, Copyright, and Trademark Lawyers in Toronto offer expert services in trademark registration, infringement litigation, IP protection, and more.
- [IP Litigation FAQ](https://shiftlaw.ca/ip-litigation-faq/) - Shift Law's Toronto-based IP Lawyers answer your IP litigation questions. Learn about cease and desist letters, infringement lawsuits, and protecting IP.
- [Privacy Policy](https://shiftlaw.ca/privacy-policy/) - Privacy Policy This Privacy Policy outlines how Shift Law Professional Corporation (“Shift Law”) handles your personal information to protect your privacy. Since January 1, 2004, all Canadian organizations engaged in commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Canadian Standards Association Model Code for
- [Our Team](https://shiftlaw.ca/team/) - Meet Shift Law's expert team of Toronto Copyright Lawyers provides comprehensive counselling in all areas of intellectual property law.

## Team

- [John Simpson](https://shiftlaw.ca/team/john-simpson/) - John Simpson is the founder of Shift law and a leading IP lawyer in Toronto. He provides strategic legal advice in Trademark, copyright, and IP litigation.
- [Howard Winkler](https://shiftlaw.ca/team/howard-winkler/) - Howard Winkler is a senior advisor to Shift Law in litigation known for his advocacy skills and practical approach to conflict resolution.
- [Sharn Mashiana](https://shiftlaw.ca/team/sharn-mashiana/) - About Sharn Mashiana Sharn is a Calgary based lawyer and is Counsel at Shift Law. She has been practicing intellectual property law since 2017 with a focus on IP litigation. Her experience includes trademark, copyright and patent infringement disputes and providing clearance and freedom to operate opinions. Sharn has a Bachelor of Science in Pharmaceutical
- [Aaron Ricard](https://shiftlaw.ca/team/aaron-ricard/) - About Aaron Ricard Aaron is a graduate of Osgoode Hall Law School and completed his articles at Shift Law. While at Osgoode Hall, Aaron was a Clinic Coordinator in the IP Innovation Clinic. Aaron has worked at the Department of Canadian Heritage where he conducted extensive research into copyright law and artificial intelligence, aiding in
- [Bushra Amir Ali](https://shiftlaw.ca/team/bushra-amir-ali/) - Bushra Amir Ali is an intellectual property and trademark lawyer at Shift Law in Toronto, advising clients on IP strategy, brand protection, and dispute resolution.
- [Rebecca Kupfer](https://shiftlaw.ca/team/rebecca-kupfer/) - Rebecca Kupfer is a trademark and IP lawyer at Shift Law in Toronto, specializing in Canadian and U.S. trademark prosecution and Canadian IP disputes.
- [Freedom Warne](https://shiftlaw.ca/team/freedom-warne/) - Freedom Warne is a senior trademark clerk at Shift Law experienced in managing Canadian and international trademark applications and prosecution matters.
- [Renée Bourgeois](https://shiftlaw.ca/team/renee-bourgeois/) - Renée Bourgeois is a trademark clerk at Shift Law bringing a comprehensive knowledge in legal assistance and portfolio management to her role.
- [Mahsa Tabrizi](https://shiftlaw.ca/team/mahsa-tabrizi/) - Mahsa Tabrizi, a licensed paralegal, is a trademark law clerk at Shift Law. She provides trademark and litigation support and helps to optimize client experience.
- [Oke Omole Norman](https://shiftlaw.ca/team/omole-norman/) - Oke Omole Norman is responsible for billing and finance at Shift Law and is an experienced paralegal with expertise in law firm accounting.

## Services

- [Start the TM application process](https://shiftlaw.ca/services/trademark-registration-canada-us/start-registration/) - Help us understand your trademark needs. Our experienced Toronto trademark lawyers at Shift Law will review and respond promptly.
- [Trademark Registration](https://shiftlaw.ca/services/trademark-registration-canada-us/) - Our Toronto-based trademark lawyers advise and assist throughout the trademark application process from clearance to registration.
- [Trademark & Copyright Litigation](https://shiftlaw.ca/services/trademark-copyright-litigation/) - Get help with your IP dispute. Shift Law’s Toronto trademark & copyright litigation lawyers have a proven track record of success, in or out of court.
- [Trade Secrets & Confidential Information Lawyers](https://shiftlaw.ca/services/trademark-copyright-litigation/trade-secrets-confidential-information/) - Shift Law’s Toronto trade secrets litigators handle disputes over confidential information, departing employees and joint ventures. Contact us for help.
- [Help With Disputes](https://shiftlaw.ca/services/trademark-copyright-litigation/get-dispute-help/) - Help us understand your IP dispute. Shift Law’s Toronto trademark & copyright litigation lawyers have a proven track record of success, in or out of court.
- [IP Audits, Due Diligence & Strategy](https://shiftlaw.ca/services/ip-audits-and-due-diligence/) - Shift Law’s Toronto IP Lawyers provide expert IP audits, IP due diligence and IP strategy to identify, protect and maximize the value of your business’s IP.
- [IP Agreements](https://shiftlaw.ca/services/ip-agreements/) - Shift Law’s Toronto IP Lawyers draft and negotiate IP agreements, including licensing agreements, templates, Terms of Use and confidentiality agreements.

## Location

- [Windsor](https://shiftlaw.ca/location/intellectual-property-lawyers-serving-windsor/) - Shift Law is a prominent Canadian intellectual property law firm specializing in trademark prosecution and trademark and copyright litigation serving Windsor.
- [Vancouver](https://shiftlaw.ca/location/intellectual-property-lawyers-serving-vancouver/) - Shift Law is a prominent Canadian intellectual property law firm specializing in trademark prosecution and trademark and copyright litigation serving Vancouver.
- [Toronto](https://shiftlaw.ca/location/intellectual-property-lawyers-serving-toronto/) - Shift Law is a prominent Canadian intellectual property law firm specializing in trademark prosecution and trademark and copyright litigation serving Toronto.
- [St. Catharines](https://shiftlaw.ca/location/intellectual-property-lawyers-serving-st-catharines/) - Shift Law is a prominent Canadian intellectual propertylaw firm specializing in trademark prosecution and trademark and copyright litigation serving St. Catharines.
- [Mississauga](https://shiftlaw.ca/location/intellectual-property-lawyers-serving-mississauga/) - Shift Law is a prominent Canadian intellectual property law firm specializing in trademark prosecution and trademark and copyright litigation serving Mississauga.
- [London](https://shiftlaw.ca/location/intellectual-property-lawyers-serving-london/) - Shift Law is a prominent Canadian intellectual property law firm specializing in trademark prosecution and trademark and copyright litigation serving London.
- [Halifax](https://shiftlaw.ca/location/intellectual-property-lawyers-serving-halifax/) - Shift Law is a prominent Canadian intellectual property law firm specializing in trademark prosecution and trademark and copyright litigation serving Halifax.
- [Edmonton](https://shiftlaw.ca/location/intellectual-property-lawyers-serving-edmonton/) - Shift Law is a prominent Canadian intellectual property law firm specializing in trademark prosecution and trademark and copyright litigation serving Edmonton.
- [Calgary](https://shiftlaw.ca/location/intellectual-property-lawyers-serving-calgary/) - Shift Law is a prominent Canadian intellectual property law firm specializing in trademark prosecution and trademark and copyright litigation serving Calgary.