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 […]
Copying online images to cut corners can come at a cost Read More »
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
Cannabis company liable for using Toys R Us inspired trademark Read More »
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.
Google adds more ammo in fight against online counterfeiting Read More »
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
Legislation will provide long-awaited protection for trade secrets Read More »
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
Protect your trademark rights against infringers during a pandemic Read More »
By LegalMatters Staff • A recent Federal Court of Appeal decision on copyright tariffs and fair dealing amounts to a double-edged victory for York University, says Toronto intellectual property lawyer John Simpson. The ruling in the ongoing battle between York University and Access Copyright involves an important yet “technical area that most people are not
University scores a ‘pyrrhic victory’ in long-running copyright case Read More »
By LegalMatters Staff • Rights can be lost if an owner lets others use their trademark without a clear agreement on terms, says Toronto intellectual property lawyer John Simpson. In a recent court victory Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, acted for the successful plaintiff in a trademark
It’s important to be careful when ‘sharing’ a trademark Read More »
By LegalMatters Staff • Led Zeppelin’s victory in its long-running copyright infringement battle over Stairway to Heaven is in tune with what the law allows, says Toronto intellectual property lawyer John Simpson. “I’m not surprised. I think the court got it right. If there is one takeaway it would be that it reminds me how
Led Zeppelin’s copyright win turns out to be one for the records Read More »
By LegalMatters Staff • An Ontario Court of Justice ruling ordering anonymous online posters to pay damages for defamatory statements made on an internet chat forum will help in the battle against online piracy, says Toronto intellectual property lawyer John Simpson. Simpson, principal of IP and new media law boutique Shift Law, says the judgment opens up a new avenue
IP right infringers will find it difficult to hide in internet shadows Read More »
