- Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05 by Alan S. Drimer, February 03, 2022
- HBC Trademark Troubles: A review of the Zellers trademark dispute between HBC and a Quebec retail family by Mila Falkenstein and Adam Ostermeier, November 09, 2021
- The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc. by Howard Borlack, September 26, 2020
- A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
- To Warn or Not To Warn: An Explanation of the Duty to Warn and the Reasonable Foreseeability Analysis: Case Comment: Maxrelco (Immeubles) v Lumipro Inc. by Howard Borlack, June 29, 2018
- Common Interest Privilege: A New Tool in the Litigation Basket by Howard Borlack, May 25, 2018
- Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
INTELLECTUAL PROPERTY LITIGATION
- Accident Benefits
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Practice Areas
Intellectual Property (IP) and Information Technology (IT) is a broad area of the law that encompasses 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).
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 caselaw 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.
TORONTO 416.860.0001 OTTAWA 613.569.2855 KITCHENER 519.340.0500 BARRIE 705.481.0240 LONDON 226.781.2127