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Jeilah Y. Chan

Partner, Trademark Agent

Partner, Trademark Agent | Email

T: 416.777.5779

Email

Toronto

Chan Jeilah
 
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

T: 416.777.5779


Email

Toronto

  • Education
  • Bar Admissions
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

Jeilah Chan is a fierce advocate for her clients, whether asserting or defending their rights, or negotiating and structuring a deal on their behalf. Clients view Jeilah as “skilled, creative and extremely clever” with “an incredibly high level of competence and a client-oriented approach” (WTR 2020).

Jeilah practices all aspects of intellectual property, representing clients in litigation involving patent, trademark, contract/licensing, trade secret and copyright issues.

Jeilah advises clients on IP issues arising out of M&A transactions, joint ventures and licensing matters. She also advises clients on advertising and labelling, and IP protection, enforcement, commercialization and brand-building strategies.

Jeilah is lead counsel for clients across a wide range of industries, including biotechnology, agriculture, food and beverage, technology, luxury goods, media, telecommunication, and construction technology.

WTR 1000

“Jeilah Chan is a shrewd enforcement expert who knows her way around the courtroom.”

Jeilah is an active fellow of the Intellectual Property Institute of Canada, serving on committees and as Past-Chair of the Basics of Law Course. She is a member of the Editorial Board of the Canadian Intellectual Property Review Journal. Jeilah is on the advisory board of ChIPs’ (Chiefs In IP) inaugural Canadian Chapter. She is an active member of the International Trademark Association and the Advocates’ Society.

Jeilah is the author of the Intellectual Property Risk section of the soon-to-be published Directors’ Duties in Canada, 7th edition (Lexis Nexis). She is co-author of WTR’s Trademark Litigation Guide (Canada) and WTR’s Best Practice in Litigation Strategies: Global Perspectives. She is a guest lecturer at Osgoode Hall Law School (IP LLM) and regularly presents on advocacy and IP topics.

Education

University of Toronto, BSc, 1999 Osgoode Hall Law School, LLB, 2002 

Bar Admissions

Ontario, 2003

Recent Experience

Litigation
Transactions
Ferrero S.p.A, in a trademark opposition against A & V 2000 Inc., regarding the trademark NUTERRRA & Design (1,635,286), 2017 TMOB 84
Ferrero S.p.A, in various cancellation proceedings including ROCHER
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).
TELUS Corporation, in trademark oppositions brought by Shaw Telecommunications Inc. regarding the trademarks OPTIK and OPTIK TV DESIGN. Shaw Telecommunications Inc. v. TELUS Corporation 2015 TMOB 173; 2015 TMOB 175; 2015 TMOB 174  and 2015 TMOB 176.
Elte Carpets Limited, in trademark oppositions brought by Brasstech, Inc. regarding the trademarks GINGER'S and GINGER'S DESIGN. Brasstech, Inc v Elte Carpets Limited 2014 TMOB 92; 2014 TMOB 93.
Sears Brands, LLC, in a trademark opposition brought by GetThere L.P. regarding trademark HELPING YOU GET THERE FASTER. GetThere LP v. Sears Brands, LLC 2013 TMOB 3.
Marc Anthony Cosmetics, Inc., in a trademark and trade dress infringement, passing off and unfair competition Federal Court action launched by Moroccanoil.
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), 2012 TMOB 45
Sears Canada Inc., in a trademark opposition against With You, Inc. regarding trademark JS BY JESSICA. Sears Canada Inc. v. With You, Inc.  2012 TMOB 81.
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.
Sawmill Creek Golf and Country Club Ltd., alleged infringer, in copyright claims relating to photographs, resulting in dismissal of the action and subsequent appeal. Ritchie v. Sawmill Golf and Country Club Ltd. (2003), 27 C.P.R. (4th) 220; Ritchie v. Sawmill Golf and Country Club Ltd. (2004), 35 C.P.R. (4th) 163.
Canadian Motion Pictures Distributors Association, in an application to the Federal Court to expunge copyright registrations. (Court File No. T-1534-08).
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.
Sobeys Inc., defendant/respondent, in an infringement claim made by a registered trade-mark owner, resulting in the dismissal of the action and subsequent appeal primarily because plaintiff's survey evidence was successfully challenged. Tradition Fine Foods Limited v. Oshawa Group Limited, 2005 FCA 342Tradition Fine Foods Ltd. v. The Oshawa Group Ltd., 2004 FC 1011.
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.
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).
TELUS, in numerous private, technology-focused, M&A acquisitions throughout Canada and the United States.
True Wind Capital and its portfolio company, Transflo, in Transflo's approximately $20-million acquisition of Microdea, a document management software company in the transportation and logistics sector.
Diversified, in its acquisition of the business of Advanced Presentation Products.
Stone Canyon Industries Holdings LLC and Kissner Group Holdings, as Canadian counsel, in their US$3.2-billion agreement to acquire K+S Aktiengesellschaft's North and South American salt business, including Morton Salt and Windsor Salt.
Wilbur-Ellis Holdings II, Inc., in its acquisition of Nachurs Alpine Solutions.
Canadian counsel to Conagra Brands, Inc. in its $10-9 billion acquisition of Pinnacle Foods Inc.
SurfEasy Inc., in its acquisition by Opera Software.
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.
Research In Motion Limited, in its $200-million acquisition of QNX Software Systems from Harman International Industries, Incorporated.
Intrafinity Inc., doing business as SharpSchool, in the acquisition of substantially all of its assets by West Corporation.

Recent Recognition

Benchmark Litigation: Canada
Future Star
M&A Today: Global Awards
Intellectual Property Lawyer of the Year - Canada
Managing Intellectual Property IP Stars
Recognized as an IP Star for Trademark
WTR 1000 The World's Leading Trademark Professionals
Recognized among the top 1000 Trademark professionals in Prosecution and Strategy
Recognized among the top 1000 Trademark professionals in Enforcement and Litigation

Insights, News & Events

Speaking Engagements

Jeilah Chan on Trademark Case Law

March 25, 2021
       

Speaking Engagements

Jeilah Chan at Federation of Asian Canadian Lawyers 2021 Conference

February 19, 2021
       

Articles

Dominique Hussey and Jeilah Chan in WTR's Trademark Litigation 2021

January 14, 2021
       

Speaking Engagements

Jeilah Chan Leads IP and Brand Protection Strategy Discussion

December 03, 2020
       

Announcements

Bennett Jones Advises on $3.2-Billion Agreement to Acquire K+S Americas Salt Business, Including Morton Salt and Windsor Salt

October 05, 2020
       

Speaking Engagements

Introduction to Intellectual Property: Theoretical Frameworks

September 30, 2020
       

Announcements

Bennett Jones’ 2020 MIP IP STARS

June 01, 2020
       

Announcements

Bennett Jones in WTR 1000

June 01, 2020
       

Speaking Engagements

Jeilah Chan on Trademark Litigation: How to achieve fast and effective results

April 24, 2020
       

Articles

Best Practice in Litigation Strategies: Global Perspectives

August 01, 2019
       

Speaking Engagements

Jeilah Chan on Trademark Litigation: Applications and Interlocutory Injunctions

May 02, 2019
       

Speaking Engagements

Jeilah Chan on Negotiation Strategy for Litigators

April 16, 2019
       

Announcements

Bennett Jones Continues to Impress in WTR 1000 Rankings

January 31, 2019
       

Speaking Engagements

Advocates Society 2018

November 29, 2018
       

Speaking Engagements

Introduction to Intellectual Property: Theoretical Frameworks

September 15, 2018
       

Speaking Engagements

Intellectual Property Institute of Canada CLE on Trademark Review: Summary Judgment and Interlocutory Injunctions

May 04, 2018
       

Announcements

Four Bennett Jones Lawyers 2018 MIP IP STARS

April 19, 2018
       

Announcements

Bennett Jones "Packed to the Rafters" in WTR 1000 Rankings

January 31, 2018
       

Articles

World Trademark Review: Trademark Litigation: A Global Guide 2018

January 09, 2018
       

Blog

Intellectual Property Meets Real Property: Recent Copyright Infringement Cases

November 02, 2017
       

Blog

Open Court Principle Means No Secret Proceedings If They Would Directly Affect a Competitor's Rights

September 29, 2017
       

Blog

Funding Arrangements in Private Litigation Are Private Matters—Not to Be Scrutinized by the Federal Court or the Defendant

September 22, 2017
       

Blog

Pharma and Biologic Disputes in Canada – New Regulations Take Effect September 21, 2017

September 14, 2017
       

Blog

Stand and Deliver—Federal Court Enforces Trademarks For "Stork" Lawn Signs Announcing New Births

August 30, 2017
       

Blog

No Second Chance: Default Judgment Stands Against Infringers without a Reasonable Explanation for their Delay

August 18, 2017
       

Blog

AT&T's GO PHONE Trademark Registration Saved by Roaming Services Offered in Canada

August 11, 2017
       

Blog

The Best Defence Is a Good Offence: How to Get Rid of Threatening Trademark Registrations

August 04, 2017
       

Blog

Going to California—Google Asks U.S. Court to Declare Supreme Court of Canada's Global Injunction Unenforceable

July 28, 2017
       

Blog

Pharma and Biologics Disputes in Canada—Big Changes for Big and Small Molecule Litigation

July 20, 2017
       

Blog

University's Infringing Reproductions Fall Short of Fair Dealing

July 14, 2017
       

Blog

Procure and Enforce—Canada's Highest Court Hands IP Owners Two Wins in Three Days

July 07, 2017
       

Blog

United Airlines Grounds Complaint Website

June 28, 2017
       

Blog

Captain Morgan Defeats Admiral Nelson in a Rum Branding Battle

June 22, 2017
       

Blog

Federal Court Strikes Patent Infringement Action Where Plaintiff Could Not Articulate How Its Rights Were Infringed

June 16, 2017
       

Blog

Tips to Set Your Business up for Successful IP Litigation

June 09, 2017
       

Blog

US Supreme Court Ruling on Exhaustion of Patent Rights is Welcome News for Canadian Exporters of Refurbished Goods

June 02, 2017
       

Speaking Engagements

Intellectual Property Institute of Canada CLE on Trademark Litigation: Applications and Injunctions

June 02, 2017
       

Blog

Evidence of Actual Confusion Is Not Determinative in Trademark Infringement Cases

May 26, 2017
       

Blog

Unique but Not Distinctive–Colour and Shape Trademark Applications Rejected for Asthma Inhalers

May 18, 2017
       

Blog

Higher Costs Awards for the Winning Party in Federal Court IP Cases

May 12, 2017
       

Blog

IP Trials with Less Tribulation: New Federal Court Guidelines Promote Cooperation and Efficiency

May 03, 2017
       

Blog

An Obligation to Compensate a Patentee for Infringement May Not End When the Patent Expires

April 28, 2017
       

Speaking Engagements

Intellectual Property Institute of Canada CLE on Confidentiality, Conflicts and Ethical Advertising

April 25, 2017
       

Blog

Just How Predictable Must the Invention Be to Lose Patent Protection? Depends on the Inventive Concept

April 21, 2017
       

Blog

Yes—Copying Photographs from the Internet Can Get You into Trouble

April 12, 2017
       

Publications Section

Yes—Copying Photographs from the Internet Can Get You into Trouble

April 12, 2017
       

Blog

Why Brand Owners Need to Keep a Paper Trail

April 07, 2017
       

Blog

When Will Expert Evidence Be Excluded?

March 30, 2017
       

Articles

Canada - Trademark Litigation 2017

December 19, 2016
       

Speaking Engagements

Intellectual Property Institute of Canada CLE on IT

November 03, 2016
       

Speaking Engagements

Generic v. Innovator: Practical Impact of the Theoretical Patent Framework

September 17, 2016
       

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