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intellectual property litigation

We have a proven track record in trademark and copyright litigation

At Shift Law, we aggressively and intelligently represent clients before all levels of Court, in settlement negotiations, before arbitrators and before the Canadian Intellectual Property Office. We have a proven track record in IP litigation, including in trademark infringement, copyright infringement and breach of confidence cases.

We have particular experience and expertise in litigating summary judgment motions and summary trials and cases relating to:

  • trademarks, copyright and patents
  • trade secrets and confidential information
  • publicity rights, libel, defamation
  • trademark oppositions and trademark expungement proceedings
  • domain names and Uniform Dispute Resolution Policy (UDRP) proceedings
  • distribution and licensing agreements
  • copyright claims from the Business Software Alliance (BSA)

 

Some of our recent litigation success stories include:

  • 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

  • Collett v. Northland Art Company Canada Inc. — We obtained a large damages award for our client by way of summary judgment for copyright infringement and moral rights infringement

  • Shift Law v. Jefferies Group, Inc. — We successfully invalidated a registered trademark blocking a client's application to register its trademark

  • Arkipelago Architecture Inc. v. Enghouse Systems Limited — We successfully defended a counsel’s eyes only protective order in the Federal Court of Appeal in a copyright infringement case involving computer software

  • Brown v. Canada — We successfully responded to a motion for summary judgment against our client regarding the validity of a patent

  • 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

shift litigate

We have a proven track record in IP litigation, including in trademark infringement, copyright infringement and breach of confidence cases.

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Get in touch with us to learn more about what we can do for your business.

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