Skilled counsel is needed when considering enforcement action against an unauthorized user of your business' trademark, or defending against allegations of infringement. Typical steps include a review of the validity and strength of the trademark to be asserted, collection of evidence necessary to establish infringement and remedies, and deciding on venue, procedure, and an appropriate cause of action.
While an injunction, a type of restraining order, is quite difficult to achieve in Canada's Federal Courts, a less costly "application" procedure should be considered in those circumstances when a quick remedy is desired. We have significant experience litigating trademark cases using the application procedure and can help advise on the strengths of this approach.
We strive to resolve disputes efficiently and with detailed budget reports to avoid surprises. As well, we leverage technology to simplify discovery, service, and filing of materials with the Court. Our lean approach means that we do not over-staff your file.
Our lawyers have acted as counsel and lead counsel prosecuting and defending trademark complaints, and have handled cases through all stages, including motions, trials, and appeals, and in all the Canadian courts where trademark disputes are litigated.
We have significant experience working with expert witnesses, such as damages experts and trademark confusion survey scientists, to ensure that your case is presented effectively to the Court, and that cross-examinations (depositions) are conducted or defended effectively.
If you want to pursue or defend a trademark litigation case, please contact us for an evaluation of your unique circumstances.
To become a Trademark Litigation client, please contact: