We acted for the successful plaintiff in a copyright infringement action in the Federal Court involving curated lists of third-party hyperlinks. The Court confirmed that copyright may subsist in a compilation of third party links created through the selection, sequencing and organization of the links. You can read about the case in our blog post.
About Simon Spencer
Simon is a graduate of Wilfrid Laurier University and of the University of Sussex where he obtained an Honours Bachelor of Arts degree in Law & Society and an LLB. At Shift Law, Simon assists clients in copyright and trademark disputes and provides practical IP advice, including clearance opinions. Simon also supports the firm’s IP research and publishing activities, including through regular contributions to Hughes on Copyright & Industrial Design (the most authoritative textbook on Canadian copyright law). Simon joined Shift Law as an Associate after completing his experiential training at the firm.
Client Work
Insights

What Courts Can Decide Trademark and Copyright Cases?
Trademark and copyright infringement cases are typically litigated in the Federal Court of Canada which has the expertise and jurisdiction to decide these cases. While they can also be litigated in provincial courts, the parties to these disputes (particularly plaintiffs) often prefer to litigate them in the Federal Court for a variety of reasons. However,…

The latest from the Federal Court on “new evidence” in Trademarks Opposition Board appeals
It has been more than a year since an amendment to the Trademarks Act came into force requiring parties to appeals from the Trademarks Opposition Board (the “TMOB”) to obtain leave to file new evidence. The requirement, under section 56(5), has generated a growing body of case law that began with Products Unlimited, Inc v…

John Simpson recognized in the 2027 edition of The Best Lawyers in Canada™
Shift Law is pleased to announce that John Simpson has once again been recognized in The Best Lawyers in Canada™ for his exceptional work in Intellectual Property Law. This marks the sixth consecutive year that John has received this honour, having been recognized by Best Lawyers in this practice area since 2022. Best Lawyers recognition…
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