Litigation & Enforcement

Litigation and Enforcement At Shift Law, we aggressively and intelligently represent clients before all levels of Court, in settlement negotiations, before arbitrators and before the Canadian Intellectual Property Office. We have a proven track record in IP litigation, including in trademark infringement, copyright infringement and breach of confidence cases.

We have particular experience and expertise in litigating summary judgment motions and summary trials and cases relating to:

  • trademarks, copyright and patents
  • trade secrets and confidential information
  • publicity rights, libel, defamation
  • trademark oppositions and expungement proceedings
  • domain names and Uniform Dispute Resolution Policy (UDRP) proceedings
  • distribution and licensing agreements
  • claims from the Business Software Alliance (BSA)

Some of our recent litigation success stories include:

Boaden Catering Ltd. v. Real Food for Real Kids Inc. (where we obtained summary judgment dismissing numerous IP related claims against our client, including trademark and copyright infringement and defamation claims - and obtained an order against the plaintiff for all of our client's legal costs in a related costs endorsement, an exceptional remedy that is rarely awarded) Inc. v. (where we obtained summary judgment on behalf of our client whose former principal had misappropriated the company's intellectual property

Brown v. Canada (where we successfully responded to a motion for summary judgment against our client regarding the validity of a patent)

Shift Law v. Jefferies Group, Inc. (where we successfully invalidating a registered trademark blocking a client's application to register its trademark)