Simon Spencer

Lawyer

Trademark and Copyright Litigation

647.362.7619

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

Rayman v. Red Crayon Inc.
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.
Bombay Frankie Inc. et al. v. 2788610 Ontario Inc.
We 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.