Shift Law

John Simpson has been recognized as Repeatedly Recommended in Intellectual Property in the 2026 Lexpert rankings.

Learn more: https://www.lexpert.ca/lawyers/john-simpson-63462

We are thrilled to announce that our lawyers, Bushra Amir Ali and Rebecca Kupfer, have passed the Trademark Agent Examination and have joined the ranks of Canada’s registered trademark agents!

Bushra and Rebecca play key roles in Shift Law's trademark prosecution and opposition practice. They assist clients of all sizes in a wide variety of industries with trademark matters. Their new status is a testament to their expertise and will broaden the services they’re able to provide our clients, including appearing before the Trademarks Opposition Board.

Congratulations, Bushra and Rebecca!

As more businesses use AI tools, the prompts they create are becoming important intellectual property. Many teams do not realize these prompts may be protected under trade secret or copyright law.

Our newest Insight looks at what businesses should keep in mind when developing and using AI prompts.

Intellectual property protection for AI prompts | Shift Law As businesses increasingly use artificial intelligence (“AI”) in their internal operations and product offerings, they are relying more on carefully engineered instructions or “prompts” to improve the AI’s performance and output. These prompts can constitute valuable intellectual property ...

The TMOB refused registration of FLUENCE BIOENGINEERING, finding the mark deceptively misdescriptive. The case highlights the risks of using professional designations in trademarks and the importance of strong evidence in opposition.

BIOENGINEERING Trademark Application Refused As Deceptively Misdescriptive | Shift Law On July 24, 2025, the Trademarks Opposition Board (TMOB) released its decision in Engineers Canada/Ingénieurs Canada v Signify Holding B.V. (2025 TMOB 152). The Board refused an application to register FLUENCE BIOENGINEERING as a trademark because the word “Bioengineering” was found to be decep...

Trade secrets are often a company’s most valuable asset. Our latest article reviews the existing legal framework around protecting them and what businesses should know.

Protecting Trade Secrets in Canada: Understanding the Current Legal Framework | Shift Law The Globe and Mail published an article recently calling for Canada to adopt trade secret legislation to provide clear, consistent, and enforceable protection for trade secrets and confidential information across the country. The article highlights a broader concern that existing trade secret protec...

Following a recent decision by the EUIPO to invalidate Spin Master’s Rubik’s Cube trademark in the EU, we explore what this means for three-dimensional trademarks in Canada.

When Trademarks Fall to Pieces: EUIPO Invalidates Rubik’s Cube Design Trademark | Shift Law Following a recent decision by the European Union Intellectual Property Office (EUIPO) to invalidate Spin Master’s Rubik’s Cube trademark in the EU, we explore what this means for three-dimensional trademarks in Canada. Last week, I watched a guy on the subway solve a Rubik's Cube between statio...

The Federal Court has clarified that to oppose a trademark under the Bojangles test, use alone isn’t enough—opponents must show a reputation strong enough to negate distinctiveness. Shift Law successfully represented the applicant in this important decision.

Federal Court clarifies the evidentiary burden to satisfy the Bojangles test in trademark oppositions | Shift Law In 2718971 Ontario Inc. v. Kinde Company Ltd., 2025 FC 1114, the Federal Court considered an appeal from a decision of the Trademarks Opposition Board (the “TMOB”) where the opponent’s primary ground of opposition was that the distinctiveness of the applicant’s trademark had been negated by ...

Hudson’s Bay Company is handing over BAY DAYS along with its iconic stripes and coat of arms, to Canadian Tire. Will we soon be paying for BAY DAYS promotions with our Canadian Tire money? In Canada, trademark law follows the “use it or lose it” principle. Our latest article looks at what this means for the future of HBC’s most iconic brand assets.

BAY DAYS Coming Soon to Canadian Tire? | Shift Law In a much anticipated $30M deal, the coveted brand assets of Hudson’s Bay Company (HBC) are set to find a new home with another Canadian iconic retailer, Canadian Tire Corporation (CTC). The HBC coat of arms and legendary Stripes, along with BAY DAYS and other assets, will now join Canadian Tire.....

'The New York Times' takes OpenAI to court. ChatGPT's future could be on the line

'The New York Times' takes OpenAI to court. ChatGPT's future could be on the line In three consolidated suits, publishers allege that OpenAI broke copyright law by copying millions of articles without permission or payment. OpenAI counters that the fair use doctrine protects them.

Netflix Dunks on Pepperdine Over ‘Running Point’ Trademark Lawsuit

Netflix Dunks on Pepperdine Over ‘Running Point’ Trademark Lawsuit | Shift Law P.C. - Trademark, Copyright & IP Litigation Lawyers Netflix Dunks on Pepperdine Over ‘Running Point’ Trademark Lawsuit https://lnkd.in/gAfrmcVb

US Copyright Office clears creations with input from artificial intelligence

US Copyright Office clears creations with input from artificial intelligence If a human modifies AI-generated output, the resulting work can be protected

Swing and a miss for torpedo bat trademark application?



https://legalmatterscanada.ca/swing-and-a-miss-for-torpedo-bat-trademark-application