INTELLECTUAL PROPERTY LITIGATION/TRADEMARK, PATENT AND PASSING-OFF LITIGATION

A Trademark may be registered or non-registered. Protection is afforded to both subject to geographical and specific usage limits. “Passing-off” is the act of making your name or product so similar to another’s trademark that a reasonable consumer might be confused.

A patent is a registered invention and can include processes. Disputes often arise over whether a patent has in fact been infringed and whether a patent is valid. You have probably heard of the “patent troll.” A patent troll registers a broad or vague patent for the purpose of litigating against alleged infringers. Such cases can be defended by attacking the validity of the patent itself or proving that the alleged infringement is not covered by the patent.

We represent parties in both sides of such litigation. Through Canadian Litigation Counsel (CLC) and the Harmonie Group, we are affiliated with IP litigation lawyers throughout North America and always happy to assist with a referral.

Our office also has registered Trademark agents available to assist with TM searches and registrations.

PRACTICE TEAM