John Simpson

(647) 361-7533 [email protected]

Court decision brings trademark law back in sync

/ Intellectual Property /

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

/ Intellectual Property /

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?

/ Intellectual Property /

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

/ Intellectual Property /

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

/ Intellectual Property /

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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Laws relating to photographs of people can be surprising

/ Intellectual Property /

By Tony Poland, LegalMatters Staff • Just because someone took your photograph doesn’t mean you have the right to use the image as you wish, says Toronto intellectual property lawyer John Simpson. Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, used the case of American model and actress Emily Ratajkowski – who

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Coexistence agreements bring peace in trademark disputes

/ Intellectual Property /

By Tony Poland, LegalMatters Staff • A carefully crafted coexistence agreement can help prevent costly trademark infringement litigation while protecting the brand, says Toronto intellectual property lawyer John Simpson. Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, says coexisting agreements are quite common, citing U.S. retailing giant Target Corporation and

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Important to keep an eye to the future in co-branding deals

/ Intellectual Property /

By Tony Poland, LegalMatters Staff • Co-branding deals can help businesses expand their market but caution is required when entering into such agreements. It is especially important to consider what happens when the partnership ends, says Toronto intellectual property lawyer John Simpson. Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, points to a recent

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It was another interesting year for intellectual property law

/ 2021 Year in Review, Intellectual Property /

Toronto intellectual property lawyer John Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, shared his views on some of the more interesting copyright and trademark cases of 2021. In January, Simpson explained that a Federal Court of Canada decision favouring one of his clients illustrated the importance of moving quickly

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Non-fungible tokens the next trademark challenge on the horizon

/ Intellectual Property /

By Tony Poland, LegalMatters Staff • As digital products become more popular, consumer brand owners are increasingly looking to secure trademark rights in non-fungible tokens (NFTs), says Toronto intellectual property lawyer John Simpson. Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, points to a recent report stating Nike is seeking to register trademarks for a

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