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

Federal court confirms copyright can subsist in a curated list of third-party links
Can a list of hyperlinks to someone else’s content enjoy copyright protection? According to the Federal Court, it can. In Rayman v. Red Crayon Inc., 2026 FC 951, the Court held that copyright may subsist in the original selection and listing of hyperlinks to third-party materials and that significant damages can be awarded for unauthorized…

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,…

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.…
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