John Simpson

LAWYER, REGISTERED TRADEMARK AGENT

Trademarks, Copyright, IP Litigation

Recognized by the Law Society of Ontario as a Certified Specialist in Intellectual Property Law: Trademark/Copyright

Admitted to the Ontario Bar 2004

647.362.6055

jsimpson@shiftlaw.ca

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About John Simpson – Experienced IP Lawyer

John Simpson is the founder and principal of Shift Law. John is a registered trademark agent, a trademark and copyright lawyer and an experienced litigator in all areas of intellectual property, including trademarks, copyright, confidential information and publicity rights. He regularly appears before the Federal Court of Canada, the Ontario Superior Court and the Trademarks Opposition Board. John’s practice also includes drafting and negotiating intellectual property agreements and Canadian and U.S. trademark prosecution.

John is one of a select number of trademark and copyright lawyers who have been certified by the Law Society of Ontario as specialists in trademark and copyright law. He has published numerous articles and papers on intellectual property law issues and he has lectured on intellectual property law at Osgoode Hall and elsewhere. He is the updating author of Hughes on Copyright & Industrial Design (the most authoritative textbook on Canadian copyright law) and is frequently quoted in leading publications regarding intellectual property law issues.

John is a member of the Intellectual Property Institute of Canada and has been ranked in the Canadian Legal Lexpert Directory as Repeatedly Recommended for Intellectual Property and in the World Trademark Review’s WTR1000 list of the world’s leading trademark practitioners. He has also been recognized in The Best Lawyers in Canada™ for Intellectual Property Law since 2022.

John obtained his LL.B. from Western University, Faculty of Law where he was one of the original graduates of the Information and Technology Law program in 2003.

Before attending law school, John worked in the Canadian book and magazine publishing industry and, prior to that, he studied philosophy and political theory in Halifax and in New York City. He lives in Toronto with his wife and two sons. When he is not working, John likes running, cycling, skiing, watching baseball and reading about history.

Leadership and Community Involvement

Intellectual Property Institute of Canada
International Trademark Association
Ontario Bar Association, Past Executive member of IT & IP Law Section
Pro Bono legal work
Enbridge Ride to Conquer Cancer
Leaside Baseball Association

Client Work

Rayman v. Red Crayon Inc.
We acted for the successful plaintiff in a copyright infringement action in the Federal Court involving curated lists of third-party hyperlinks. The Court confirmed that copyright may subsist in a compilation of third party links created through the selection, sequencing and organization of the links. You can read about the case in our blog post.
Bombay Frankie Inc. et al. v. 2788610 Ontario Inc.
We acted for the successful appellant in this appeal from an interlocutory injunction order in a trademark infringement and passing off action in the Ontario Superior Court. Three Divisional Court judges unanimously agreed that the Superior Court had erred in each element of the three-part test, including in finding that the plaintiff had established a serious issue to be tried. You can read more about the case in this article about it.
The Toronto Regional Real Estate Board v. RE Stats Inc.
We successfully defended a motion for an interlocutory injunction in a copyright infringement case in the Federal Court.
Effective IP Enforcement Strategy on Amazon
We developed and successfully executed an IP enforcement strategy on Amazon.ca for a skincare products manufacturer that eliminated infringing retailers without the costs and delays of trademark litigation
Corey Bessner Consulting Inc. v. Core Consultants Realty Inc.
We represented the successful plaintiff in a trademark infringement action in the Federal Court involving complex issues of what happens to the trademarks of a joint venture after it breaks up. You can read more about this case in our blog post about it.
Collett v. Northland Art Company Canada Inc.
We obtained a large damages award for our client by way of summary judgment for copyright infringement and moral rights infringement.
Arkipelago Architecture Inc. v. Enghouse Systems Limited
We successfully defended a counsel’s eyes only protective order in the Federal Court of Appeal in a copyright infringement case involving computer software.
Dermaspark Products Inc. v. Prestige MD Clinic et al
We acted for the successful defendants in this motion to strike the statement of claim on the basis that it disclosed no reasonable cause of action. The Court’s decision illustrates the importance of filing proper pleadings in trademark and copyright cases and retaining experienced intellectual property lawyers who are able to do so. You can read more about this case in our blog post about it.
Boaden Catering Ltd. v. Real Food for Real Kids Inc.
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. You can read more about this case in our blog post about it.