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IP Litigation / Arbitration

Dispute resolution for your business

Dispute Resolution For Your Business

When your business or commercial IP rights are in jeopardy, litigation and/or arbitration provide alternative dispute resolutions that are important in protecting your businesses assets.

If you believe you have an IP-related dispute, we can help in the following areas:

  • Trademarks
  • Copyrights
  • Industrial designs
  • Licensing
  • Franchise disputes
  • Marketing and advertising
  • Food and drugs
  • Trade secrets
  • E-commerce
  • Computer law
  • Counterfeit enforcement
  • Pharmaceuticals
  • Domain name disputes

Copyright Case Samples:

Photographer vs Stock Photo Companies

We represented the defendants, several Canadian stock photo companies, in a Federal Court copyright infringement suit initiated by a photographer. The defendants, previously represented by one of the largest IP practices in Canada, came to us after 3 years of litigation. Within 1 year of hiring us, the action was discontinued.

Iconic British Columbia Apparel Company vs British Columbia based Imitators

We represented the Plaintiff, an iconic British Columbia apparel company, in a Federal Court copyright infringement action against two imitator retailers also based in British Columbia. The defendants were represented by one Canada’s largest IP boutiques. The imitators destroyed the infringing materials and the plaintiff obtained an injunction and judgment against the defendants.

Trademark Oppositions Case Samples:

Swiss Conglomerate Chemical Company vs Large American Software Company

We represented the Opponent, a Swiss chemicals company in its bid to limit, the applicant, an American’s software company’s, incursion into its protected area of business. The parties negotiated a settlement and the matter was resolved.

Small B.C. Salt Importer vs. Giant American Salt Producer

We represented, the applicant, a small British Columbia salt distributor in trademark opposition proceedings initiated by the opponent, a large American salt producer seeking to enter the Canadian market. The American giant sought to do so by blocking the applicant’s registration. We were successful in resisting the opposition and obtaining registration for the applicant.

Trademark Litigation Case Samples:

Swiss Hotel Giant vs. former Canadian franchisees

We represented the plaintiff, a Swiss hotel and restaurant group, against a former franchisee and his companies. The Defendants, were represented by one Canada’s largest IP boutiques and changed counsel 3 times. The Defendants consented to judgment, abandoned and transferred several trademarks to the plaintiff.

Iconic Bermuda-based Liquor producer vs. Ontario Wine Producer

We represented the plaintiff, an iconic purveyor of spirits, in a Federal Court trademark infringement suit, against the defendant, a well-known spirits producer in southern Ontario. The plaintiff, previously represented by one of the largest firms in Canada, came to us after 2 years of litigation and several concurrent opposition proceedings between the parties. Within 2 years of hiring us, the action and all concurrent proceedings were resolved.

Giant International Automobile Manufacturer vs. Alberta-based Oil Transport Company

We represented the Respondent, a Canadian Alberta-based oil transport company against one of the largest international automobile manufacturers, based in the United States. The applicant sought to register its mark in association with both goods and services, by way of expunging the previously held mark of the Respondent. The Respondent was always entitled to its mark, and sought us as counsel to defend it at the Trademarks Opposition Board, and subsequently, Federal Court. We were successful in maintaining the registered mark of Alberta-based oil transport company.

*NOTE: Past results are not necessarily indicative of future results. Outcomes will vary according to the facts in individual cases.
Contact us for our opinion on your IP opportunities and challenges.