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 […]
Laws relating to photographs of people can be surprising Read More »
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
Coexistence agreements bring peace in trademark disputes Read More »
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
Important to keep an eye to the future in co-branding deals Read More »
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
It was another interesting year for intellectual property law Read More »
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
Non-fungible tokens the next trademark challenge on the horizon Read More »
By Tony Poland, LegalMatters • Adidas’ recent Dutch Supreme Court loss after a 25-year trademark infringement fight with international clothing company H&M illustrates how owning a famous logo can be a “double-edge sword,” says Toronto intellectual property lawyer John Simpson. The Dutch court refused to hear the multinational sportswear company’s appeal of an earlier decision that
Adidas loses battle of the stripes in trademark infringement lawsuit Read More »
By Tony Poland, LegalMatters Staff • The Willy Wonka attack ad against Justin Trudeau on Twitter is a good example of how intellectual property rights enforcement procedures on social media platforms can give rights owners much quicker results than courts, says Toronto IP lawyer John Simpson. Early in the recent federal election, Twitter pulled the Conservative Party
Willy Wonka ad shows effectiveness of social media IP policing policies Read More »
By Tony Poland, LegalMatters Staff • The Supreme Court of Canada (SCC) handed York University a big win last month, holding that it is not bound to pay royalties to Access Copyright under a collective licensing regime. But in its unanimous decision, the Court declined to even consider York’s request for a declaration that all copying
SCC refuses to say whether copyright guidelines are fair dealing Read More »
By Tony Poland, LegalMatters Staff • The latest attempt by famed street artist Banksy to remain in the shadows while protecting his iconic work from unauthorized reproduction is “an interesting study in the differences between copyright and trademark law,” says Toronto intellectual property lawyer John Simpson. The Sydney Morning Herald reports that the lawyer for a British greeting card company
The intellectual property protection Banksy wants comes at a cost Read More »
By Tony Poland, LegalMatters Staff • It has often been said that one cannot rewrite history but that is not necessarily the case when it comes to copyright law, says Toronto intellectual property lawyer John Simpson. Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, says that fact is borne out in Winkler v. Hendley, a
Copyright case examines the issue of history repeating itself Read More »
