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 Renée Bourgeois
Renée is a Trademark Law Clerk at Shift Law. With over 5 years of experience in the intellectual property field and a Paralegal Diploma, she brings a comprehensive knowledge in legal assistance and portfolio management.
Before joining Shift Law, Renée previously worked as an Intellectual Property Legal Assistant for a leading law firm in western Canada.
Outside of work, Renée enjoys spending time with her family and friends, reading, and being active, riding dirt bikes or hiking with her spouse.
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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