Trademark Law Is Not Intended To Stifle Competition

By Tony Poland, LegalMatters Staff " The line between legitimate competition and trademark infringement can be a fine one, says Toronto intellectual property lawyer John Simpson.

Simpson, principal of IP boutique Shift Law Professional Corporation points to the recent case of Biosteel Inc. v. Cizzle Brands Ltd. as an example.

BioSteel, which had marketed a well-known brand of sports hydration drinks and powder mixes, filed for creditor protection in September 2023. A short time later another company paid $10 million to purchase certain BioSteel assets that included its intellectual property rights.

The court heard that after being outbid for the BioSteel rights, one of BioSteel's founders and other former executives launched Cizzle Brands in May 2024, producing Cwench, a line of sports hydration drinks.