Intellectual Property

Trademarks Act not meant to protect Canadian sensibilities

By Tony Poland, LegalMatters Staff • The purpose of a trademark is to identify the source of goods and services while providing legal protection for a brand, not to protect people’s sensibilities, says Toronto intellectual property lawyer John Simpson. Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, says if governments […]

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U.S. lawmakers tee up copyright protection for golf courses

By Tony Poland, LegalMatters Staff • A push to amend United States law to extend copyright protection to golf courses raises interesting issues about the kinds of works that can be protected by copyright, says Toronto intellectual property lawyer John Simpson. The BIRDIE Act – Bolstering Intellectual Rights against Digital Infringement Enhancement Act ­­– was

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Remain vigilant over your licensees in trademark agreements

By Tony Poland, LegalMatters Staff • Protecting your trademark rights means not only guarding against infringers but ensuring you have sufficient control over licensees, says Toronto intellectual property lawyer John Simpson. “Businesses often look for friendly arrangements with others but the trademark owner must always be vigilant,” says Simpson, principal of IP and new media law

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‘Trump too small’ slogan is not deserving of trademark protection

By Tony Poland, LegalMatters Staff • Toronto intellectual property lawyer John Simpson says he expects the Supreme Court of the United States (SCOTUS) will back that country’s patent and trademark office decision to deny trademark protection in the “Trump too small” T-shirt flap. Political activist Steve Elster had sought to register the suggestive phrase as a slogan

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IP rights are at the centre of Starbucks’ dispute with union

By Tony Poland, LegalMatters Staff • Recent lawsuits concerning a pro-Palestine social media post by Starbucks union organizers is an example of how intellectual property law often finds its way into larger disputes “as a collateral issue,” says Toronto intellectual property lawyer John Simpson. Starbucks and the Starbucks Workers Union are countersuing after the union expressed

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Levi’s lawsuit demonstrates the many sides of trademark law

By Tony Poland, LegalMatters Staff • Just as trademarks can take many forms so too can trademark infringement, says Toronto intellectual property lawyer John Simpson, pointing to a recent lawsuit filed by Levi’s. In a multi-pronged lawsuit, it is alleged designer Coperni infringed on the trademark rights held by Levi’s for its “Arcuate” pocket stitching pattern

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Elon Musk waves bye-bye birdie to the iconic Twitter brand

By Tony Poland, LegalMatters Staff • Changing social media giant Twitter’s brand to X is a risky choice but there may well be more to the decision than meets the eye, says Toronto intellectual property lawyer John Simpson. Elon Musk, who completed a US$44-billion purchase of Twitter almost one year ago, recently announced he has rebranded

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‘Taco Tuesday’ should be for everyone, Taco Bell insists

By Tony Poland, LegalMatters Staff • Taco Bell has thrown down the legal gauntlet in a public-relations-driven battle for “Taco Tuesday,” says Toronto intellectual property lawyer John Simpson. The restaurant giant recently filed a petition with the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board to invalidate Taco John’s “Taco Tuesday” trademark.  Taco Bell

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Canadian copyright law likely to be influenced by Warhol decision

By Tony Poland, LegalMatters Staff • A U.S. Supreme Court (SCOTUS) ruling that saw the Andy Warhol Foundation lose its copyright fight with a celebrity photographer may have “some persuasive authority in Canadian courts,” says Toronto intellectual property lawyer John Simpson. On May 18, SCOTUS upheld a lower court’s decision that found Warhol’s work, based on a Lynn

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Using AI to copy photos ‘raises an interesting legal question’

By Tony Poland, LegalMatters Staff • A lawsuit brought by an international visual content creator and provider against a company that uses artificial intelligence (AI) to generate computer-synthesized images could impact the future of copyright law, says Toronto intellectual property lawyer John Simpson. In the lawsuit filed in the United States, Stability AI is accused of a “brazen

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