Shift Law
Shift Law
Blog Post

New blog articles detected.

  • Facebook's forum selection clause ruled unenforceable
    The Supreme Court of Canada has released two landmark decisions in recent days relating to territorial commercial interests on the borderless Internet. This post concerns Douez v Facebook, Inc., 2017 SCC 33, a decision that marks an important development for the law of consumer contracts and more particularly, the enforceability of forum selection clauses in website terms of use. Specifically, the...
Shift Law
Shift Law
Blog Post

New blog articles detected.

  • Facebook's forum selection clause ruled unenforceable
    The Supreme Court of Canada has released two landmark decisions in recent days relating to territorial commercial interests on the borderless Internet. This post concerns Douez v Facebook, Inc., 2017 SCC 33, a decision that marks an important development for the law of consumer contracts and more particularly, the enforceability of forum selection clauses in website terms of use. Specifically, the...
Shift Law
Shift Law
Blog Post

New blog articles detected.

  • GOOGLE: Still a trademark
    Looking for the city’s most popular restaurant? Google it! Need to confirm a historical fact? Google it! Doubt as to directions? Google it! The act of “googling” has become common place and common parlance when we refer to conducting an online search. The pervasive use of “google” as a verb, rather than strictly as a brand name has raised questions as to whether it remains an enforceable trademark...
Shift Law
Shift Law
Blog Post

New blog articles detected.

  • GOOGLE: Still a trademark
    Looking for the city’s most popular restaurant? Google it! Need to confirm a historical fact? Google it! Doubt as to directions? Google it! The act of “googling” has become common place and common parlance when we refer to conducting an online search. The pervasive use of “google” as a verb, rather than strictly as a brand name has raised questions as to whether it remains an enforceable trademark...
Shift Law
Shift Law
Blog Post

New blog articles detected.

  • Online Trademark Infringement - The Return of “Initial Interest Confusion”
    The doctrine of “initial interest confusion” has again surfaced in Canada, and once again in the context of online advertising, confusing domain names and passing off (common-law trademark infringement). We’ve been tracking the development of this subject over the past couple of years beginning with “A Brief History of Passing Off, Websites and Initial Interest Confusion in Canada”, and more recen...
Shift Law
Shift Law
Blog Post

New blog articles detected.

  • Online Trademark Infringement - The Return of “Initial Interest Confusion”
    The doctrine of “initial interest confusion” has again surfaced in Canada, and once again in the context of online advertising, confusing domain names and passing off (common-law trademark infringement). We’ve been tracking the development of this subject over the past couple of years beginning with “A Brief History of Passing Off, Websites and Initial Interest Confusion in Canada”, and more recen...
Shift Law
Shift Law
Blog Post

New blog articles detected.

  • “Fashion Santa” - A Very Seasonal IP Dispute
    For two Christmas seasons in a row the chic white-bearded 50-something-year-old model, Paul Mason, has donned designer garb and paraded around Yorkdale mall calling himself “Fashion Santa”. Just as we enter into the festive holiday season, a legal debate is brewing over this dapper Saint Nick that has everyone asking who owns “Fashion Santa”? Paul Mason or the mall?  And what is “Fashion Santa”, a...
  • New Guidelines for Paid Endorsements and Incentivized Marketing
    In a world where businesses are aggressively competing for the attention of consumers, paid online reviews and endorsements are now popular and even commonplace forms of advertisement and promotion. However, this form of paid advertising is, now more than ever, raising questions around bias and lack of transparency in incentivized marketing.
Shift Law
Shift Law
Blog Post

New blog articles detected.

  • “Fashion Santa” - A Very Seasonal IP Dispute
    For two Christmas seasons in a row the chic white-bearded 50-something-year-old model, Paul Mason, has donned designer garb and paraded around Yorkdale mall calling himself “Fashion Santa”. Just as we enter into the festive holiday season, a legal debate is brewing over this dapper Saint Nick that has everyone asking who owns “Fashion Santa”? Paul Mason or the mall?  And what is “Fashion Santa”, a...
  • New Guidelines for Paid Endorsements and Incentivized Marketing
    In a world where businesses are aggressively competing for the attention of consumers, paid online reviews and endorsements are now popular and even commonplace forms of advertisement and promotion. However, this form of paid advertising is, now more than ever, raising questions around bias and lack of transparency in incentivized marketing.
Shift Law
Shift Law
Blog Post
Shift Law
Shift Law
Blog Post

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