Boutique Trademark Prosecution & IP Litigation Law Firm
Bombay Frankie Inc. et al. v. 2788610 Ontario Inc. - We acted for the successful appellant in this appeal from an interlocutory injunction order in a trademark infringement and passing off action in the Ontario Superior Court. The three Divisional Court judges unanimously agreed with us that the Superior Court had erred in each element of the three-part test for obtaining an interlocutory injunction, including in finding that the plaintiff had established a serious issue to be tried. You can read more about the case in this article about it.
Dermaspark Products Inc. v. Prestige MD Clinic et al - We acted for the successful defendants in this motion to strike the statement of claim on the basis that it disclosed no reasonable cause of action. The Court’s decision illustrates the importance of filing proper pleadings in trademark and copyright cases and retaining experienced intellectual property lawyers who are able to do so. You can read more about this case in our blog post about it.
Boaden Catering Ltd. v. Real Food for Real Kids Inc. - We obtained summary judgment dismissing numerous IP related claims against our client, including trademark and copyright infringement and defamation claims – and obtained an order against the plaintiff for all of our client’s legal costs in a related costs endorsement, an exceptional remedy that is rarely awarded. You can read more about this case in our blog post about it.
Vass v Leef Inc. - We acted for the successful respondent in this appeal to the Federal Court from a decision of the Trademarks Opposition Board. The Court agreed with us that our client had filed sufficient evidence of use of its trademark in the relevant period in order to maintain its registration. You can read more about this case in our blog post about it.
Mold.ca Inc. v. Moldservices.ca - We obtained summary judgment on behalf of our client whose former principal had misappropriated the company’s intellectual property including domain names.
We successfully defended our client’s trademark application against a trademark opposition proceeding brought by a major U.S. e-commerce company
We assisted a major cannabis company with a branding strategy that balances compliance with Health Canada’s regulations, the protections available under the Trademarks Act and our client’s desire to secure trademark rights in suggestive terminology
We developed and successfully executed an IP enforcement strategy on Amazon.ca for a skincare products manufacturer that eliminated infringing retailers without the costs and delays of trademark litigation