Recent Experience
Represented a Canadian geotextile corporation which provides products and services to pipeline and civil construction industries, in successfully defending against a patent infringement action regarding a polypropylene geo-synthetic grid product. The litigation was heard in Federal Court as Tensar Technologies Limited, and Tensar Corporation LLC, and Tensar International Corporation, and Nilex Inc. v. Enviro-Pro Geosynthetics, Ltd. 2019 FC 277, and the non-infringement decision was issued on March 6, 2019 (T-1930-13).
Represented a global pet food corporation on intellectual property litigation issues, trademarks and branding strategy, protection, prosecution and enforcement, and misleading advertising matters.
Successfully registered a large portfolio of trademarks in Canada and globally for a large Canadian retail cannabis company.
Provided global branding strategy advice and coordinated with trademark firms worldwide to register brands for a multi-national neutraceutical company that produces natural sweeteners, probiotics, fiber and dietary supplements.
Represented a Canadian cannabis and biotechnology company with respect to their branding and trademark matters.
Acted for a major multi-national corporation, conducting due diligence and intellectual property contract review in the acquisition of an agrochemical and crop science division of a US corporation that produces herbicides and genetically engineered crops.
Reviewed licensing agreements and provided intellectual property advice for a Saskatchewan based agri-science corporation.
Provided branding and trademark advice for a Canadian retail coffee business with hundreds of locations across Canada, including successfully registering a number of Canadian trademarks.
Represented an agricultural biotechnology company in a trademark dispute in Germany, successfully obtaining European Union registrations for disputed trademarks and overcoming objections and litigation from a competitor.
Provided intellectual property litigation advice to a Canadian cannabis production company.
Successfully resolved an intellectual property and share purchase dispute involving an Edmonton-based agri-chemical supply company.
Provided copyright and trademark advice to a not-for-profit Canadian company which distributes a publication in the field of cannabis growing, production and education of the public.
Provided patent advice and general intellectual property and licensing advice to a Canadian inventor in respect of a novel method of detecting and eliminating pests in cannabis and other agricultural crops.
Represented an Alberta-based farming operation in an intellectual property dispute from a large European-based corporation .
Successfully defended a Saskatchewan based fertilizer supplier and provider of products and services in the field of soil management and crop nutrition and production, in a trademark infringement dispute with an Alberta-based competitor.
Successfully defended a food manufacturer in a trademark dispute involving the shape and design of a gluten-free cookie product and alleged infringement on the brand of a multi-national competitor.
Provided intellectual property, corporate structuring, licensing and due diligence advice to a new Alberta-based corporation promoting the preservation of honey bees and the use of honey in various products including food and beverage products.
Represented an Alberta-based Canadian craft brewery in various trademark and branding matters, licensing and IP disputes.
Provided intellectual property due diligence and licensing advice to a Canadian sustainable produce company regarding the delivery of produce to retail outlets and consumers.
Represented a Canadian hemp producer in a corporate reorganization and intellectual property due diligence and trademark review, including filing trademark applications and advising on international distribution, protection and enforcement matters.
Provided intellectual property advice and filed trademark applications for a Toronto-based craft brewery.
Advising on an Edmonton-based beverage start up and providing trademark registration and licensing strategic direction.
Enviro-Pro Geosynthetics Ltd., in a patent infringement lawsuit brought by Tensar Technologies Limited. Enviro-Pro Geosynthetics filed a counterclaim for invalidity of the patent, use of the Gillette Defense, and request for re-examination of issued patents.*
Puma, in the defense of an action involving allegations of inducement of breach of contract and inference with contractual relations in a matter relating to the apparel sponsorship of the Canadian Olympic track and field team at the Ontario Superior Court of Justice.*
Advised a financial lender on the IP due diligence including extensive review of prior art and registered patents of competitors in the aeronautics industry and specific technology involving communication and transmission of data from aircraft to ground services in real time.*
Acted as Canadian intellectual property counsel, corporate and regulatory counsel for an American Defense Contractor in the sale of its government information technologies. Involved in the sale of assets related to performance of high security contracts, such as the maintenance and refurbishment of Canada’s aging fleet of CF-18 fighter jets.*
Advised a global e-commerce website with the launch of its music services, advised on copyright licensing issues for Canada.*
Advised a global social media company on various Canadian licensing issues for online audiovisual content, as part of the company’s global review of these issues.*
Advised an investment group on various copyright licensing matters for the launch of the investment groups online service in Canada.*
Advised a global web service provider on issues relating to the acquisition of a image and video hosting website. *
Successfully stopped the unlawful importation, sale and distribution of counterfeit water bottles, protecting the proprietary designs and trademarks of the owner of an iconic global water bottle brand. To implement properly worked with border enforcement officers to prevent illegal importation in contravention of Canadian IP laws.*
Advised a publicly traded cannabis business with respect to global brand strategy, trademark protection, and intellectual property.*
Advised a private corporate entity in relation to trademark portfolio management, brand strategy, licensing and the set-up of recreational cannabis retail stores.*
Advised the estate of a celebrity in relation to protecting and preserving his personality right and proprietary trademarks.*
Represented an oil and gas entity in relation to a trademark dispute involving a US Corporation claiming to have rights to a similar name. Successfully negotiated a co-existence agreement that allowed the client’s trademark to proceed to registration and permitting them to continue to use their value and proprietary brand.*
Represented a startup food company in a dispute involving a competitor claiming confusion with an existing brand, successfully negotiated a co-existence agreement with the opposing party and preserved the right of the client to use their brand. *
Reviewed an extensive portfolio of various intellectual property assets, including registered and unregistered trademarks and domain names, registered and pending patents, registered industrial designs, and registered and unregistered copyrights, including security interests registered at various intellectual property offices, for an investment firms in relation to the purchase of a utilities company.*
Advised a pharmaceutical company with respect to their right to acquire, use, and conduct clinical trials of a probiotic. This included doing a review of their trademark rights, copyrights, and obligations with respect to licenses and the ownership, use, and perseveration of intellectual property.*
Acted for an international coffee company in relation to an investigation of online sales and distribution of counterfeit goods in Canada. *
*Work done prior to joining Bennett Jones
Bennett Jones