IP audits, IP due diligence & IP strategy


An IP law firm that will help you find the IP in your business and show you what to do with it to maximize its value

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1,500+

Clients Helped

3,000+

TM Applications Filed

1,000+

IP Disputes Resolved

We’ll help you find, protect and commercialize the IP in your business

Get an IP “check-up” for your business.
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Expertise in working with SMEs

We specialize in working with small and medium sized enterprises and start-ups that may not have in-house IP expertise and who need help identifying their IP and what to do with it.

Experience working with IP funding programs

We have experience working with various programs in Canada, such as IP Assist and Elevate IP, that offer funding to SMEs for legal costs associated with IP audits and IP strategy.

Trusted by other law firms to help with corporate transactions

We routinely work with other law firms on IP due diligence and IP clearance opinions in corporate transactions.

Practical and tailored advice

We recognize that each business has its own priorities and risk tolerance. What is vital for one business to protect may not be for another. And IP related risks may be worth taking for some but not for others.

Our savvy and practical guidance with IP audits, IP due diligence and IP strategy will help you unlock value in your business.

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We will help you put your IP affairs in order

If you are a small or medium sized enterprise that wants to “get it right” when it comes to identifying and protecting its intellectual property, and that values personalized, practical guidance, then Shift Law is a great fit for you. We have expertise and experience working with a wide range of SME businesses, and their corporate law firms, on IP audits, IP due diligence in a variety of circumstances including corporate transactions. We know what to look for and what to do with it to put your IP affairs in order and to stay out of trouble.

Client Work

  • Bombay Frankie Inc. et al. v. 2788610 Ontario Inc.

    Acted for the successful appellant in this appeal from an interlocutory injunction order in a trademark infringement and passing off action in the Ontario Superior Court. Three Divisional Court judges unanimously agreed that the Superior Court had erred in each element of the three-part test, including in finding that the plaintiff had established a serious issue to be tried. You can read more about the case in this article about it.

  • The Toronto Regional Real Estate Board v. RE Stats Inc.

    We successfully defended a motion for an interlocutory injunction in a copyright infringement case in the Federal Court.

  • Effective IP Enforcement Strategy on Amazon

    We developed and successfully executed an IP enforcement strategy on Amazon.ca for a skincare products manufacturer that eliminated infringing retailers without the costs and delays of trademark litigation

  • Corey Bessner Consulting Inc. v. Core Consultants Realty Inc.

    We represented the successful plaintiff in a trademark infringement action in the Federal Court involving complex issues of what happens to the trademarks of a joint venture after it breaks up. You can read more about this case in our blog post about it.

  • Collett v. Northland Art Company Canada Inc.

    We obtained a large damages award for our client by way of summary judgment for copyright infringement and moral rights infringement.

  • Arkipelago Architecture Inc. v. Enghouse Systems Limited

    We successfully defended a counsel’s eyes only protective order in the Federal Court of Appeal in a copyright infringement case involving computer software.

  • Dermaspark Products Inc. v. Prestige MD Clinic et al

    We acted for the successful defendants in this motion to strike the statement of claim on the basis that it disclosed no reasonable cause of action. The Court’s decision illustrates the importance of filing proper pleadings in trademark and copyright cases and retaining experienced intellectual property lawyers who are able to do so. You can read more about this case in our blog post about it.

  • Boaden Catering Ltd. v. Real Food for Real Kids Inc.

    We obtained summary judgment dismissing numerous IP related claims against our client, including trademark and copyright infringement and defamation claims – and obtained an order against the plaintiff for all of our client’s legal costs in a related costs endorsement, an exceptional remedy that is rarely awarded. You can read more about this case in our blog post about it.

  • Vass v Leef Inc.

    We acted for the successful respondent in this appeal to the Federal Court from a decision of the Trademarks Opposition Board. The Court agreed with us that our client had filed sufficient evidence of use of its trademark in the relevant period in order to maintain its registration. You can read more about this case in our blog post about it.

Frequently asked questions about IP audits, due diligence & strategy

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What is an IP audit?

An IP audit is a review of a business’s marketing, technology, product offerings and know-how to find intellectual property that can be registered, protected and better leveraged.

Why do an IP audit?

An IP audit is a great way to identify hidden value in a business and to put a business’s IP affairs in order. For instance, and IP audit can discover trademarks that ought to be registered or gaps in the chain of title in critical IP that need to be remedied.

When should you do an IP audit?

Good times to do an IP audit include when preparing a business for sale, embarking on an IP strategy or when conducting a review of a business’s internal processes to ensure that valuable IP is being sufficiently protected.

How much does an IP audit cost?

An IP audit of an SME can cost anywhere from a few thousand dollars to tens of thousands of dollars, depending on its scope and objectives. At Shift Law we can adjust our approach to an IP audit to almost any budget.

What is IP funding?

Various sources of government funding are available in Canada to encourage SMEs to develop and protect intellectual property. At Shift Law, we have helped a number of small businesses with IP audits and IP strategies, funded through programs such as IP Assist and Elevate IP.

Insights


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