John Simpson

(647) 361-7533 jsimpson@shiftlaw.ca

The intellectual property protection Banksy wants comes at a cost

/ Intellectual Property /

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

/ Intellectual Property /

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

/ Intellectual Property /

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

/ Intellectual Property /

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

/ Intellectual Property /

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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Court dismisses TRREB’s motion for an interlocutory injunction

/ Intellectual Property /

By Tony Poland, LegalMatters Staff • A recent Federal Court of Canada decision illustrates the importance of moving quickly when seeking an interlocutory injunction in a copyright case, says Toronto intellectual property lawyer John Simpson. Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, explains that an interlocutory injunction is an order that restrains a defendant from

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F1 champion Hamilton spins out in trademark rights showdown

/ Intellectual Property /

By Tony Poland, LegalMatters Staff • It is not surprising a European court slammed the brakes on Formula One legend Lewis Hamilton’s attempt to sideswipe a renowned watchmaker’s trademark application, says Toronto intellectual property lawyer John Simpson. The seven-time F1 world champion was hoping to block the Hamilton Watch Company (HWC) from registering the name,

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Donald Trump and the ‘moron in a hurry’ trademark rule

/ Intellectual Property /

By Tony Poland, LegalMatters Staff • U.S. President Donald Trump’s recent press conference invitation gaffe serves as an example of the trademark infringement “moron in a hurry” test, says Toronto intellectual property lawyer John Simpson. Trump sent out a tweet following news of Joe Biden’s election victory on Nov. 7 announcing a “big press conference

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Trademark infringement and interlocutory injunctions

/ Intellectual Property /

Recently we wrote about TFI Foods Ltd. v. Every Green International Inc. which saw the Federal Court grant an interlocutory injunction in a trademark infringement and passing off case. However, as we noted the plaintiff’s motion was uncontested so it’s difficult to say the decision, in that case, makes it much easier to win these motions. For

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