Intellectual Property Litigation

Key Contacts

Hussey Dominique High Resolution Image Dominique T. Hussey
Partner, Trademark Agent, Head of IP Litigation
T: 416.777.6230
Murchie Barbara High Resolution Image Barbara J. Murchie
Partner, Trademark Agent
T: 416.777.5756
Horne L.E. High Resolution Image L.E. Trent Horne
Partner, Trademark Agent
T: 416.777.5774
Chan Jeilah High Resolution Image Jeilah Y. Chan
Partner, Trademark Agent
T: 416.777.5779

Protecting and enforcing intellectual property rights is a critical business imperative to our clients. Our litigation team is regularly retained to assist a diverse client base with disputes arising from the misuse or misappropriation of intellectual property across a broad spectrum of the arts and sciences. We act as counsel in matters involving confidential information, trade secrets, patents, trademarks, passing off, copyrights and registered designs. We also litigate matters which deal with anti-piracy issues, personality rights, defamation and commercial disputes which involve, at their core, the ownership and exploitation of intellectual property.

In patent matters, our team has particular expertise in the areas of pharmaceuticals, telecommunications and all manner of mechanical devices ranging from household appliances to complex technology used in the petro-chemical and oil sands sectors. In copyright matters, our clients rely on us to solve disputes involving software, music, artwork, film and television rights and copyright issues arising from the Internet. In trademark and unfair competition matters, we litigate infringement issues in numerous goods and services fields, including issues arising from the registration of conflicting domain names and website misuse.

We blend extensive intellectual property expertise with renowned litigation skills to address the full spectrum of intellectual property litigation. We appear as counsel before all levels of the Canadian courts and before international tribunals to effectively protect our clients' intellectual property assets.

Our intellectual property litigators work closely with our solicitors and patent and trademark agents, many of whom possess advanced degrees in the precise fields in which our clients operate. Recognizing that many litigation disputes are settled prior to trial, our commercial expertise in technology transactions provides yet another valuable set of skills to the negotiation and settlement of litigation. Our team approach to litigation ensures that we provide the most timely, effective and innovative support to our clients.

We view litigation as one of the many means available to achieve our clients' objectives. We are always conscious of those objectives and seek to explore other alternatives to litigation that may be available so as to arrive at the quickest and most economical solution. However, when litigation appears to be the best option, we are fierce advocates for our clients.

Select Experience

  • An American book distributor in successful defence of claims alleging various intellectual property infringements. Miguna v Walmart Canada et al., 2016 ONSC 5744, upheld on appeal: 2016 ONCA 174
  • The Intellectual Property Institute of Canada (IPIC), Canada's preeminent association of intellectual property professionals, as an intervener in the Federal Court of Appeal. The case involved a novel legal issue as to whether non-compliance with the Public Servants Inventions Act can be grounds to invalidate a patent. IPIC successfully argued that the validity of a patent can only be judged against what the Patent Act and Patent Rules require; an earlier order granting summary judgment was set aside in its entirety. Brown v Canada, 2016 FCA 37
  • Bondholders in Nortel Networks dispute–representing bondholders with claims in excess of U.S. $4 billion in proceedings pursuant to the Companies' Creditors Arrangement Act (CCAA) on issue of allocation of IP rights.

Recent Recognitions

  • 2017, International Legal Alliance Summit & Awards

    Bennett Jones, recognized as Best Canadian Law Firm
  • 2017, Lawyer International

    Bennett Jones, recognized as intellectual property law firm of the year - Canada
  • 2017, The Legal 500 Canada

    Bennett Jones, ranked, Intellectual Property

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