INTELLECTUAL PROPERTY

Background

Intellectual property (IP) refers to certain legal rights arising from creative works of the mind including, slogans, logos, brands, authored works, inventions and confidential information. These IP assets are critical to your business and to its profitability.

Common forms of intellectual property include trademarks, copyright, patents and confidential information (trade secrets). In general,

  • trademarks are words, logos, symbols used to distinguish your goods or services from those of others in the marketplace
  • copyright is legal protection for artistic, literary, musical and dramatic works
  • patents give the exclusive right to make, use or sell an invention in Canada for the term of the patent
  • confidential information (trade secrets) consist of your business' proprietary information which is not publicly known and may include business strategies, concepts, financial information, client lists, research & development plans, technical know-how, inventions

IP Services

I have over 17 years of in-depth experience in protecting, exploiting and enforcing IP assets for individuals, start-ups, small to medium businesses, and global Fortune 500 companies. My expertise includes:

  • Filing and prosecuting trademark applications and obtaining registrations
  • Trademark clearance searches and opinions
  • Licensing and commercializing IP
  • Copyright assignments
  • Commercial contract review involving IP issues
  • Drafting website terms of use, privacy policies
  • IP policies for educational institutions
  • Drafting non-disclosure agreements (NDAs)
  • Enforcing IP assets before the courts and Trademarks Opposition Board
  • Conducting IP litigation in infringement and cancellation proceedings

Through my worldwide network of foreign associates developed over many years of practice, I can protect your IP throughout Canada and the world (including but not limited to, the United States, Europe, the Middle East, South Asia and China).

IP Enforcement - Reported Decisions

I have appeared and argued before courts or tribunals in various IP matters, including but not limited to, in the following reported IP decisions:

REPORTED COURT CASES

  • Driving Alternative Inc. v. Keyz Thankz Inc., 2014 FC 559 
  • Ridout & Maybee LLP v. HJ Heinz Co. Australia Ltd., 2014 FC 442
  • McCallum Industries Ltd. v. HJ Heinz Co. Australia Ltd., 2013 FCA 5
  • Grief Recovery Institute, LLC v. 1668246 Ontario Inc., 2012 FC 888
  • McCallum Industries Ltd. v. HJ Heinz Co. Australia Ltd., 2011 FC 1216
  • BMW AG and BMW Canada Inc. v. Nissan Canada Inc., 2007 FC 262
  • Grenke v. Corlac Inc., 2007 FC 396
  • Speedwire Inc. v. Steelmatic Wire Inc. [2004] O.J. No. 2627 (Ont. SCJ)

REPORTED TRIBUNAL DECISIONS

  • McCallum Industries Limited v H.J. Heinz Company Australia Limited 2014, TMOB 284
  • Lockheed Martin Corp v Raytheon Company, 2013 TMOB 146
  • Ridout & Maybee LLP v HJ Heinz Company Australia Ltd, 2013 TMOB 49 
  • The Grief Recovery Institute, LLC v. Grief Recovery Institute, 2013, FA1209001462781 (UDRP, Nat. Arbitration Forum)
  • Coors Brewing Company v Robert Victor Marcon, 2013 TMOB 50
  • Wal-Mart Stores, Inc v Mövenpick-Holding AG, 2012 TMOB 14
  • Novartis Pharmaceuticals Canada Inc. v. Graceway Pharmaceuticals LLC, 2010 TMOB 158
  • Indigo Books & Music, Inc. v. Preferred One Inc., 2010 TMOB 100

Get in touch

2233 Argentia Road
Suite 302, East Tower
Mississauga, ON L5N 2X7
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