- Trademark law is not intended to stifle competition - November 14, 2024
- U.S. ruling a step forward in litigating AI copyright disputes - August 26, 2024
- McDonald’s loses Big Mac TM battle (but probably not the war) - July 10, 2024
Toronto intellectual property lawyer John Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, found many interesting cases to discuss in 2022.
He started the year off discussing how co-branding deals can help businesses expand their market but warned that caution is required when signing up for such agreements. Important to keep an eye to the future in co-branding deals
In April, Simpson explained how a carefully crafted coexistence agreement can help prevent costly trademark infringement litigation while protecting the brand. Coexistence agreements bring peace in trademark disputes
The following month, he used the case of American model and actress Emily Ratajkowski, who had settled a copyright infringement case with a photographer, as an example of how laws relating to photographs of people can be surprising. He noted that just because someone takes your photograph it doesn’t mean you have the right to use the image any way you wish. Laws relating to photographs of people can be surprising
In June Simpson said a copyright infringement claim targeting Mariah Carey’s iconic song All I Want for Christmas is You demonstrated the need for stronger deterrents for questionable lawsuits. Mariah Carey copyright case reveals need to deter abusive lawsuits
He next took aim at a lawsuit involving the rights to the name Dunder Mifflin – a fictional paper company featured in NBC’s The Office – calling it a reminder of the importance of monitoring trademarks. Dunder Mifflin paper chase offers a lesson in trademark protection
In September, Simpson noted a lawsuit alleging a Hamilton realtor stole a signature outstretched arms advertising pose from an American counterpart would make for a “fun fact scenario in a law school intellectual property class.” Realtor up in arms about copycat ad, but does he have an IP claim?
In November, he said registering a catchy phrase or slogan as a trademark is not the simple matter it may seem and keeping it can be even more of a challenge. What’s in a name? In trademark law it can depend on how it is used
