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.
About Freedom Warne
Freedom is a Senior Trademark Law Clerk with over 15 years of experience in trademark prosecution and trademark portfolio management.
She has a bachelor’s degree in Law & Justice from Laurentian University and a Law Clerk Certificate from Seneca College. Before joining Shift Law, Freedom worked as a Law Clerk for a leading Canadian IP law firm as well as in-house legal departments, and most recently with one of Canada’s most recognized Loyalty Programs.
When she’s not at work helping clients, Freedom enjoys being active, playing and coaching ringette, spending time with her pets, family and friends.
Client Work
Insights
Protecting Trade Secrets in Canada: Understanding the 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…
When Trademarks Fall to Pieces: EUIPO Invalidates Rubik’s 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….
Federal Court clarifies the evidentiary burden to satisfy the Bojangles test in 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…
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