Intellectual Property Litigation

Intellectual property is increasingly becoming part of a company’s competitive advantage and an asset that requires careful protection. As a result, disputes related to intellectual property are becoming more frequent and the consequences of misuse or misappropriation of intellectual property are growing. Lawson Lundell’s litigation team has experience working with clients across a range of sectors and industries, advising them in devising enforcement and litigation strategies to help protect and expand their intellectual property, as well as in defending against allegations of misuse or infringement.

In particular, we advise clients in relation to matters involving trade secrets and confidential information, trade-marks, passing off, copyrights and registered designs.

Our litigators work closely with solicitors who advise on intellectual property matters, and in particular draw upon the knowledge of our lawyers who have worked on technology transactions and have advised in relation to privacy law issues. Areas in which our litigators have experience include:

• Anti-counterfeiting
• Copyright litigation
• Cybersquatting and domain name litigation
• Copyright Board hearings
• False advertising
• Intellectual property licensing and related contractual disputes
• Intellectual property validity and ownership disputes
• Media litigation and disputes
• Mediation, arbitration and alternative dispute resolution of intellectual property disputes
• Rights of publicity litigation
• Technology, telecommunications and outsourcing disputes
• Trade-mark infringement, passing off, and trade-mark dilution
• Trade-mark Opposition Board hearings
• Breach of confidence, and litigation over trade secrets and misuse of confidential information

Experience

• Successfully defended a visual effects studio and its principals against claims for breach of fiduciary duty, conspiracy, conversion, breach of confidence, and solicitation of employees, arising from the provision of visual effects for a network science fiction television show (Zoic Studios BC Inc. v. Gannon, 2012 BCSC 1322; 2015 BCCA 334).
• Successfully defended against claims by a junior mining company against a major for breach of confidence in a case involving significant nickel deposits in the Cape Smith Belt, obtaining dismissal of all claims after summary trial (Novawest Resources Inc. v. Anglo American Exploration (Canada) Ltd. et al., 2006 BCSC 769).
• Successfully obtained an injunction restraining passing off and sale of counterfeit luxury handbags, and an order to seize all inventory (Hermes Canada Inc. v. Henry High Class Kelly Retail Store, 2004 BCSC 1694).
• Represented a website owner in the first case in Canada and the Commonwealth to enforce passive (or “browse wrap”) online terms of use and related copyright claims (Century 21 Canada LP v. Rogers Communications Inc., 2011 BCSC 1196).
• Successfully defended an international publishing company and its author in a copyright infringement action (Thumbnail Creative Group Inc. v. Blu Concept, 2009 BCSC 1833).

Team