Rebecca Kupfer

Lawyer

TRADEMARKS, COPYRIGHT, BRAND PROTECTION

About Rebecca Kupfer

Licensed to practice in both Canada and the United States, Rebecca specializes in Canadian and U.S. trademark prosecution and Canadian trademark and copyright disputes. Rebecca’s practice is focused on helping her clients protect their brands in both countries and navigate the intricacies of both the Canadian and U.S. trademark systems.

Rebecca is a graduate of the Canadian and American Dual JD program through the universities of Windsor and Detroit Mercy. Prior to law school Rebecca obtained an Honours Bachelor of Arts degree in Philosophy from Queen’s University.

At law school, Rebecca was active in student and community life as an executive member of the Jewish Law Students Association, as a Faculty Council Representative on Windsor’s Student Law Society and volunteering with Windsor Community Legal Aid. She also served as a Teaching Assistant for the Comparative Legal Writing and Research course at Detroit Mercy Law. After her first year, Rebecca completed a Judicial Internship with the Honourable Terrence G. Berg in the United States District Court for the Eastern District of Michigan.

Prior to joining Shift Law as an Associate, Rebecca summered and articled at another boutique intellectual property firm in downtown Toronto.

Rebecca is admitted to the Bars of Ontario and Minnesota.

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.