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.
Trade Secrets & Confidential Information Litigators
Shift Law’s Toronto-based intellectual property litigation team has expertise and experience acting for individuals and businesses in disputes about trade secrets and confidential information.
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Expertise in trade secrets disputes
We have acted in numerous trade secrets cases over the years, going head-to-head against some of the best trade secrets lawyers in Canada. We are always up to date on the ever-evolving law of trade secrets and confidential information.
An approach tailored to your goals
As with all of our litigation services, each decision and recommendation in your trade secrets case will be made with a focus on your goals, including what you want to achieve and how much you’re prepared to spend to achieve it.
Known and respected trade secrets lawyers
Through years of acting in trade secrets and other IP disputes, Shift Law has developed a strong reputation with the courts and with other litigators. Our reputation has helped our clients in settlement negotiations and gaining the court’s trust.
Affordable rates
Our rates for acting in trade secrets disputes are highly competitive, particularly for our specialized expertise. In trade secrets disputes which can be lengthy and complex, our clients get great mileage on their litigation spend.
Shift Law can guide you to a successful resolution in all types of trade secrets disputes
At Shift Law, we’ve seen countless situations where disputes over trade secrets or confidential information arise. Tell us about yours.
→ Departing employees
Disputes over confidential information, trade secrets and know-how often arise when former employees start their own businesses or depart to competitors. Depending on the specific circumstances, this may or may not give rise to liability.
→ Misappropriating business opportunities
Business opportunities may constitute trade secrets when they are shared in confidence and are not otherwise easily discoverable. If the recipient of the secret takes advantage of it for purposes other than for which it was disclosed, they may be liable under trade secret law.
→ Collaborations and joint ventures
Businesses sometimes share sensitive information in the context of a joint venture or a potential collaboration. If the arrangement falls through and one of the businesses uses the other’s information for its own gain, it may be liable for breach of confidence.
→ Industrial espionage
Acquiring sensitive information from a competitor without authorization and for financial gain can give rise to significant civil or even criminal liability depending on the means used and the harm caused.
→ Breach of non-disclosure agreements
Non-disclosure agreements are not always necessary to create obligations of confidentiality but they can be helpful in proving the elements of a breach of confidence action and in protecting information that might not otherwise be protectable.
Contact Shift Law for help in trade secrets disputes
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Trusted and experienced experts in trade secrets litigation at rates you can afford
Shift Law’s experience, expertise and reputation make us the right choice to help you in trade secrets and confidential information disputes, regardless of what side you are on. We know the law, we’ve seen it applied in a variety of situations and we know how to advocate for your interests, whether it’s helping you negotiate a settlement or representing you before the courts.
Frequently asked questions about trade secrets & confidential information
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Is there a difference between trade secrets and confidential information?
The term “trade secrets” typically refers to readily identifiable information with obvious economic value such as a recipe, a formula or a set of proprietary AI prompts. “Confidential information” is a broader term that can encompass non-secret business information that, in the aggregate, can give a business a competitive advantage.
Is a non-disclosure agreement always necessary to protect confidential information?
No. A business can acquire enforceable rights in confidential information by treating the information as confidential and communicating it to others in a confidential manner.
Does confidential information always need to be “secret” to be protectable?
No. Confidential business information can consist of publicly known or knowable information. What typically makes it protectable is the time and effort that has gone into gathering it and assembling it in one place.
What precautionary measures should businesses take to protect their trade secrets?
There are a number of things that businesses should do to protect their trade secrets and confidential information such as: i) identifying it through IP audits; ii) classifying it as confidential in internal documents; and iii) ensuring that it is known only by those who need to know it.
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