John Simpson, Author at LegalMattersCanada

Court dismisses TRREB’s motion for an interlocutory injunction

John Simpson / Intellectual Property / January 25, 2021

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

John Simpson / Intellectual Property / December 14, 2020

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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Comparing an iconic apple to a pear in a trademark fight

John Simpson / Intellectual Property / October 14, 2020

By Tony Poland, LegalMatters Staff • Sometimes there is no difference between apples and oranges – or any other fruit – when it comes to protecting an iconic logo, especially if that logo belongs to Apple, says Toronto intellectual property lawyer John Simpson. Apple has filed a notice of opposition in the United States Patent

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Trademark infringement and interlocutory injunctions

John Simpson / Intellectual Property / September 25, 2020

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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Copying online images to cut corners can come at a cost

John Simpson / Intellectual Property / September 21, 2020

By LegalMatters Staff • Scraping photos from the internet to use with an online business is not only unscrupulous but can also be costly, as a Federal Court judgment illustrates, says Toronto intellectual property lawyer John Simpson. In Rallysport DirectLLC v. 2424508 Ontario Ltd., Justice Janet M. Fuhrer recently awarded $357,500 in statutory damages and

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Cannabis company liable for using Toys R Us inspired trademark

John Simpson / Intellectual Property / August 25, 2020

By LegalMatters Staff • A recent Federal Court ruling affirming the trademark rights of Toys R Us is a “textbook example” of a depreciation of goodwill case, says Toronto intellectual property lawyer John Simpson. Justice Nicholas McHaffie found that B.C. cannabis dispensary Herbs R Us Wellness Society had infringed the trademark rights of Toys R

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Google adds more ammo in fight against online counterfeiting

John Simpson / Intellectual Property / July 22, 2020

By LegalMatters Staff • A recent Google policy change provides a timely weapon in the long-running battle against online counterfeiters, says Toronto intellectual property lawyer John Simpson. Last month, the search engine giant introduced an update to its guidelines which will allow users to report websites that sell or promote the sale of counterfeit goods.

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Legislation will provide long-awaited protection for trade secrets

John Simpson / Intellectual Property / June 22, 2020

By LegalMatters Staff • Criminal Code provisions designed to protect trade secrets and confidential information will be a “valuable enforcement tool” in the battle against infringers, says Toronto intellectual property lawyer John Simpson. Draft legislation was introduced in January ahead of the United States-Mexico-Canada ‎‎(USMCA) trade agreement, which goes into effect next month. The Criminal

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Protect your trademark rights against infringers during a pandemic

John Simpson / Intellectual Property / June 5, 2020

It is always important for trademark owners to “police” their trademark rights against infringers, even in the midst of a pandemic. Unauthorized use of your trademark or a similar trademark, no matter how trivial, can erode its ability to distinguish you as a trade source. When a trademark loses this ability and becomes non-distinctive, it

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