John Simpson

(647) 361-7533 jsimpson@shiftlaw.ca

It was another interesting year for intellectual property law

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

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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Adidas loses battle of the stripes in trademark infringement lawsuit

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

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Willy Wonka ad shows effectiveness of social media IP policing policies

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

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SCC refuses to say whether copyright guidelines are fair dealing 

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

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The intellectual property protection Banksy wants comes at a cost

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

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Copyright case examines the issue of history repeating itself

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

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Trademarks Office unveils measures to ease ’embarrassing’ backlog

By Tony Poland, LegalMatters Staff • New measures designed to expedite trademark applications are certainly welcome but may not go far enough to ease a growing backlog in the Canadian Trademarks Office, says Toronto intellectual property lawyer John Simpson. The Canadian Intellectual Property Office (CIPO) published two practice notices this month in an effort to deal with delays in processing trademark

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Devil is in the details in Nike’s ‘Satan Shoe’ trademark battle

By Tony Poland, LegalMatters Staff • Nike’s recent court victory to stop the sale of “Satan Shoes” is the latest high profile legal battle relating to “mashup culture,” says Toronto intellectual property lawyer John Simpson. “We live in a world where there is constant recycling of existing content, especially in the music business,” says Simpson, principal of IP

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Tragically Hip lawsuit against brewer is a ‘run-of-the-mill’ case

By Tony Poland, LegalMatters Staff • The Tragically Hip’s trademark infringement lawsuit against Mill Street Brewery may raise the question of whether appropriating something of iconic cultural significance can be justified but any such argument is unlikely to succeed, says Toronto intellectual property lawyer John Simpson. In a lawsuit filed in Federal Court last month, it is alleged the

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