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
BIOENGINEERING Trademark Application Refused As 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…
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….
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