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
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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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