What is IP litigation?

IP litigation focuses on the defence and enforcement of IP rights, under the Trademarks Act, Patent Act, Copyright Act, Industrial Design Act, and related trade secrets.

Examples of when an IP litigation lawyer may be required include:

  • If you are an artist, and your designs are being sold online or on products without your permission (copyright infringement);
  • You are a trademark owner, and you noticed your trademark (or a similar one), being used by others (i.e., trademark infringement);
  • You are a writer, and another author alleges that your work copies theirs/infringes on their copyright; and / or
  • You want to register your trademark, but another trademark owner alleges that you don’t have the right to (trademark opposition).

Generally, IP litigation is an option when you are the owner of IP, and find that someone is copying or using your protected work without your permission (“infringer”). As intellectual property litigators, we represent both IP owners and alleged infringers. We represent clients in Ottawa, Toronto/GTA, as well as other parts of Canada and abroad.

IP litigation usually proceeds by way of Federal Court, but can also be heard in Ontario court. As intellectual property litigators, we are able to put an alleged infringer/copier on notice by issuing a cease-and-desist letter (i.e., “stop copying, and don’t do it again”). We can also assist with responding to cease-and-desist letters. Likewise, we can assist with early resolution of an IP dispute with our settlement and dispute resolution services.

Other IP litigation-related proceedings include trademark expungements/oppositions and applications for judicial review.

For more details on our IP litigation services, visit https://cease-and-desist.com/