John Simpson

(647) 361-7533 jsimpson@shiftlaw.ca

‘Taco Tuesday’ should be for everyone, Taco Bell insists

By Tony Poland, LegalMatters Staff • Taco Bell has thrown down the legal gauntlet in a public-relations-driven battle for “Taco Tuesday,” says Toronto intellectual property lawyer John Simpson. The restaurant giant recently filed a petition with the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board to invalidate Taco John’s “Taco Tuesday” trademark.  Taco Bell […]

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Canadian copyright law likely to be influenced by Warhol decision

By Tony Poland, LegalMatters Staff • A U.S. Supreme Court (SCOTUS) ruling that saw the Andy Warhol Foundation lose its copyright fight with a celebrity photographer may have “some persuasive authority in Canadian courts,” says Toronto intellectual property lawyer John Simpson. On May 18, SCOTUS upheld a lower court’s decision that found Warhol’s work, based on a Lynn

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Using AI to copy photos ‘raises an interesting legal question’

By Tony Poland, LegalMatters Staff • A lawsuit brought by an international visual content creator and provider against a company that uses artificial intelligence (AI) to generate computer-synthesized images could impact the future of copyright law, says Toronto intellectual property lawyer John Simpson. In the lawsuit filed in the United States, Stability AI is accused of a “brazen

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New legislation will be needed to deal with AI’s expanding scope

By Tony Poland, LegalMatters Staff • With the ever-expanding role of artificial intelligence (AI) in the creative process, Canada’s laws will need to be amended to define and protect intellectual property rights, says Toronto intellectual property lawyer John Simpson. AI has been around for decades and has developed into a formidable tool with increasing applications, says

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Intellectual property law continued to be a hot topic in 2022

Toronto intellectual property lawyer John Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, found many interesting cases to discuss in 2022. He started the year off discussing how co-branding deals can help businesses expand their market but warned that caution is required when signing up for such agreements. Important to keep an

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Court decision brings trademark law back in sync

By Tony Poland, LegalMatters Staff • A unanimous decision from a three-judge panel of the Ontario Superior Court of Justice (Divisional Court) effectively brings trademark law in Ontario back in line with Federal Court trademark law, says Toronto intellectual property lawyer John Simpson, principal of IP boutique Shift Law Professional Corporation.  Simpson, who represented the successful party,

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What’s in a name? In trademark law it can depend on how it is used

By Tony Poland, LegalMatters Staff • Registering a catchy phrase or slogan as a trademark is not the simple matter it may seem and keeping it can be even more of a challenge, says Toronto intellectual property lawyer John Simpson. As the holiday shopping season approaches, Simpson, principal of IP boutique Shift Law Professional Corporation, pointed to a German

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Realtor up in arms about copycat ad, but does he have an IP claim?

By Tony Poland, LegalMatters Staff • A lawsuit alleging a Hamilton realtor stole a signature outstretched arms advertising pose from an American counterpart would make for a “fun fact scenario in a law school intellectual property class,” says Toronto intellectual property lawyer John Simpson. According to CP24, a Minnesota real estate agent filed a lawsuit in August

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Dunder Mifflin paper chase offers a lesson in trademark protection

By Tony Poland, LegalMatters Staff • A lawsuit involving the rights to the name Dunder Mifflin – a fictional paper company featured in NBC’s The Office – is a reminder of the importance of monitoring trademarks, says Toronto intellectual property lawyer John Simpson. According to a media report, multinational media and entertainment conglomerate NBCUniversal is suing a company it

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Mariah Carey copyright case reveals need to deter abusive lawsuits

By Tony Poland, LegalMatters Staff • A recent copyright infringement claim targeting Mariah Carey’s iconic song All I Want for Christmas is You demonstrates the need for stronger deterrents for questionable lawsuits, says Toronto intellectual property lawyer John Simpson. Singer and songwriter Andy Stone filed a US$20-million lawsuit claiming he co-wrote a song with the same name five

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