Recent Experience
Diversified, in its acquisition of the business of Advanced Presentation Products.
Wilbur-Ellis Holdings II, Inc., in its acquisition of Nachurs Alpine Solutions.
Representing the defendant in successfully defending against a patent infringement action commenced by Tensar (Tensar Technologies Limited, and Tensar Corporation LLC, and Tensar International Corporation, and Nilex Inc. v. Enviro-Pro Geosynthetics, Ltd. 2019 FC 277 (decision issued March 6, 2019) (T-1930-13).
Ferrero S.p.A, in a trademark dispute against Roshen involving the famous ROCHER trademark (Ferrero S.p.A, v. Dotchirne pidpriemstvo Konditerska korporatzia Roshen, 2017 TMOB 166 – ROSHEN & Ribbon Design (App No. 1548677; Ferrero S.p.A, v. Dotchirne pidpriemstvo Konditerska korporatzia Roshen, 2017 TMOB 167 ; Dotchirne pidpriemstvo Konditerska korporatzia Roshen v. Ferrero S.P.A., 2018 TMOB 38; Dotchirne pidpriemstvo Konditerska korporatzia Roshen v. Ferrero S.P.A., FC (T-305-18); Dotchirne pidpriemstvo Konditerska korporatzia Roshen v. Ferrero S.P.A., (T-306-18).
Guccio Gucci SpA, in opposition proceedings involving its famous GUCCI and GG branding portfolio.
Lehigh Hanson Materials, in successfully defending a cancellation proceeding (Cameron IP v. Lehigh Hanson Materials 2018 TMOB 136 – dated Nov. 8, 2018).
Canadian counsel to Conagra Brands, Inc. in its $10-9 billion acquisition of Pinnacle Foods Inc.
Marc Anthony Cosmetics, Inc., in a trademark and trade dress infringement, passing off and unfair competition Federal Court action launched by Moroccanoil.
SurfEasy Inc., in its acquisition by Opera Software.
Sears Canada Inc., in a copyright infringement action brought by Northern Reflections. Northern Reflections Ltd. v. Sears Canada Inc. (Court File No. T-408-11).
Ferrero S.p.A, in a trademark opposition against Cantarella Bros Pty Limited regarding the trademark NUTINO (1353327).
Blue Ant Media Inc., in its acquisition of Canadian broadcaster High Fidelity HDTV and its four premium high definition channels – Oasis HD, eqhd, radX and HIFI HD.
Blue Ant Media Inc., in its acquisition of Canadian broadcaster GlassBOX Television Inc. and the Travel+Escape, Bite TV and AUX TV specialty channels.
A syndicate of underwriters led by Salman Partners Inc., in an $8.675-million bought deal offering of common shares of Slyce Inc.
VimpelCom Ltd., in its sale process and disposition of their debt and equity interests in the Globalive group of companies in Canada, including Globalive Wireless Management Corp. (WIND Mobile), including the forgiveness or sale of approximately $2 billion of debt owed by WIND Mobile and the sale of their equity interests in WIND Mobile for approximately $130 million.
Sears Canada Inc., in a copyright infringement action brought by L.A. Printex Industries. L.A. Printex Industries, Inc. v. Sears Canada Inc. et. al. (Court File No. T-1716-10).
Research In Motion Limited, in successfully obtaining an interim and interlocutory injunction to restrain the sale of counterfeit replacement parts.
Sears Canada Inc., in defending a trademark infringement action, culminating in discontinuance. Caplan Industries Inc. v. Sears Canada Inc. et. al. Court File No. T-2012-09.
Canadian Motion Pictures Distributors Association, in an application to the Federal Court to expunge copyright registrations. Court File No. T-1534-08.
Swamp Mats Inc. and Sterling Lumber Company, defendants in a patent infringement action, in a patent infringement claim made by a competitor in respect of bolted three-ply temporary road mats. Successfully resisting plaintiffs' motions (and subsequent appeal to the Federal Court of Appeal) to amend statement of claim to add new allegations of patent infringement. Sterling Lumber Company v. Harrison, 2008 FCA 383; 2008 FC 220.
Agropur Cooperative, in an application to the Ontario court to enforce a restrictive covenant involving Parmalat's trademark. Agropur Cooperative v. Parmalat Dairy & Bakery Inc. (Court File No. 07-CV-328949 PD2).
The Canadian Copyright Licensing Agency, in copyright infringement actions against various individual and corporate defendants. The Canadian Copyright Licensing Agency v. Apex Copy Centre et al. (Court File No. T-1788-04), Canadian Copyright Licensing Agency v. Keele Copy Centre Inc. et al. (Court File No. T-1333-09), Canadian Copyright Licensing Agency v. Triple Sound Investments Ltd. et al. (Court File No. T-1328-09), Canadian Copyright Licensing Agency v. 1758543 Ontario Inc. et al. (Court File No. T-1329-09) and Canadian Copyright Licensing Agency v. Duc Tinh Nguyen (Court File No. T-2214-07).
Research In Motion Limited, in an application to the Federal Court to vary entries in the records of the Canadian Patent Office for two purchased patents.
Canadian Motion Pictures Distributors Association, in an application to the Federal Court to expunge copyright registrations. (Court File No. T-1534-08).
Research In Motion Limited, in its $200-million acquisition of QNX Software Systems from Harman International Industries, Incorporated.
The Canadian Copyright Licensing Agency, in obtaining and enforcing judgments for copyright infringement against individual and corporate defendants.
Novopharm Ltd., defendant in a patent infringement action, in successfully appealing (in the Federal Court of Appeal) an order requiring the defendant to answer certain questions on discovery. Novopharm Ltd. v. Eli Lilly and Co. 2006 FCA 176.
Canada Law Book, Appellant in a copyright action, in successfully arguing costs motions. CCH Canada Limited v. Law Society of Upper Canada 2004 FC 1760.
Intrafinity Inc., doing business as SharpSchool, in the acquisition of substantially all of its assets by West Corporation.
Novopharm Ltd., in two patent infringement and unfair competition Federal Court actions involving Eli Lilly and Company and Apotex Inc.. These disputes related to the drug Nizatidine. Eli Lilly and Company v. Apotex Inc. and Novopharm Ltd. (Court File No. T-1697-01); Eli Lilly and Company v. Apotex Inc. and Novopharm Ltd. (Court File No. T-1100-97).
Novopharm Ltd., in a breach of contact Ontario Court action involving Apotex Inc. and the drug Nizatidine. Apotex Inc. v. Novopharm Inc. (Court File No. 98-CV-160140).
Bennett Jones
