Intellectual Property Litigation
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OVERVIEW
Intellectual Property (IP) and Information Technology (IT) are broad areas of law that encompass computer science and technology, the design and implementation of information systems and applications, and the related fields of trademark, copyright, and patent law. These fields present both first-party risks (e.g. interruption of service, destruction of data, software, and hardware, and improper use of proprietary and confidential information) and third-party risks (e.g. defamation, invasion of privacy, harassment, professional liability, directors and officers' liability, trademark, copyright and patent infringement, and breach of contract).
SERVICES
Our IP and IT Litigation Group is composed of lawyers with a wide range of experience in the constantly evolving fields of information technology, e-commerce, and intellectual property. We have the skills required to handle the inherent risks in these areas.
Our services include:
- Loss prevention advice and risk management, including the provision of advice concerning new developments in case law and legislation, and participation in informative seminars and presentations;
- Coverage advice, including the extent to which information technology, e-commerce, advertising, and intellectual property risks fall within the scope of insurance coverage;
- Policy analysis, including advice pertaining to coverage provisions prior to their inclusion in policies of insurance, and ongoing advice to aid in upgrading existing policy wordings;
- Defence, including advice and representation in response to any legal action regarding information technology, e-commerce, advertising, and intellectual property disputes;
- Subrogation, including evaluation of the loss and the potential for recovery, and the investigation, preservation, and analysis of relevant evidence to support the claim; and
- Enforcement, including service of cease and desist letters and Anton Piller Orders, and working in conjunction with law enforcement officers to search for and seize counterfeit items.
The Intellectual Property and Information Technology Litigation Group is eminently qualified to assist you with any of your questions in this area. Please contact any members of the group for further information or assistance.
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FIRM CASES
PUBLICATIONS
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Causation And Standard Of Proof For A Hypothetical Pre-Trial Loss
First Published in Advocates Quarterly. This paper addresses whether the same principles regarding the “real and substantial possibility” standard of proof apply to a hypothetical past loss claim as they do to a hypothetical future loss claim, and the interplay between the two standards of proof applicable to hypothetical claims: balance of probabilities for the “but for” causation test, and “real and substantial possibility” for damages.
Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05
In order to protect limitation periods, especially in cases where liability is yet to be determined, there is an obligation on counsel to identify, name, and pursue all parties who may be liable to the plaintiff(s). However, as the discovery process begins, parties often become aware that they have added in a party that will bear no liability to the plaintiff(s). Often, parties are able to consent to a dismissal or discontinuance without costs; however, there are cases in which defendant(s) will not go out without costs. In these cases, parties can move for a ruling under Rule 23.05...
HBC Trademark Troubles: A review of the Zellers trademark dispute between HBC and a Quebec retail family
The recent lawsuit initiated by the Hudson's Bay Company (“HBC”) against a Quebec retail family demonstrates how easy it can be for trademark ownership rights to slip through your fingers by simply missing a trademark renewal deadline.