IP Services
IP Litigation & Enforcement
Ridout & Maybee LLP’s litigators are unrelenting in protecting intellectual property rights and securing optimal results for our clients, in alignment with their business objectives, whether through litigation or dispute resolution.
We have a proven track record of successfully handling high stakes matters and our firm’s litigators have appeared before the Ontario Superior Court, Divisional Court, Court of Appeal, as well as all levels of the Federal Court, including the Supreme Court of Canada on precedent-setting cases. We also routinely appear administrative hearings on patent and trademark matters before the Canadian Intellectual Property Office.
Our team of dedicated professionals are experienced in successfully managing various contentious intellectual property matters for our domestic clients in other jurisdictions, including the United States and Europe, as well as working as part of a team for international clients in multi-jurisdictional litigation.
Advantageously, the trial skills of our litigators are complemented by a team of professionals having an expertise in patent prosecution practise, and a deep understanding of scientific and engineering principles, which underpin the issues arising during patent disputes. We work together seamlessly as dedicated advocates for our clients.
Need more information about intellectual property litigation? Contact Senior Litigator, Dino Clarizio, or check out our list below to see which members of our litigation team can help you get started.
Dino Clarizio
Lawyer, Senior Litigator, Patent and Trademark Agent - Partner
416-865-3520 dclarizio@ridoutmaybee.com
IP Litigation Articles and News
Enforcement of Canadian Intellectual Property Rights on Amazon.ca
Amazon.ca provides intellectual property rights owners with a quick and relatively inexpensive mechanism to enforce their rights against infringers by filing a complaint using an online form through the Report a Violation tool on Amazon’s Brand Registry. The infringing products are immediately delisted upon acceptance of the complaint. If the initial complaint is rejected, it can be resubmitted with additional supporting information
Recent Trend of Summary Adjudication in IP Cases Stalls
In 2014, the Supreme Court of Canada called for a “culture shift” in how cases are adjudicated, including that summary judgment rules must be interpreted broadly so as to favour proportionality, and fair, timely and just access to courts. In the past 5 years or so, there has been an increase in the disposition of intellectual property cases, including patent cases, in the Federal Court by either summary judgment or summary trial. This trend recently hit a speed bump in The NOCO Company v. Guangzhou Unique Electronics, 2023 FC 208 (“NOCO”) where the Court refused to hear the Defendants’ motion for summary trial on the basis, inter alia, that the issues raised were too numerous and complex, and the evidentiary record did not support the request for summary disposition of the action.
Federal Court of Appeal Confirms Test for Induced Infringement
A Canadian patent may be infringed by someone who directly makes, constructs, uses or sells the claimed invention, or by someone who induces another to infringe the patent. Recently, the Federal Court of Appeal re-affirmed the three-part test for inducing infringement, and in particular, clarified that what is required in the key second step of the test is that the “putative infringer influenced the party that directly infringes to the point that, without such encouragement, infringement would not have occurred.”
Federal Court of Appeal Confirms Improper Licensing Invalidates Trademark Registration
Licensing trademarks can be beneficial to the trademark owner, and when done correctly it can greatly enhance the rights afforded by the trademark. The key to proper licensing is to ensure the trademark owner exercises control over the character and quality of the licensee’s goods and services that use the trademark. However, the absence of such control can lead to the invalidity of a trademark registration and to the loss of all rights to the trademark. Trademark owners must, therefore, ensure that proper control is in place whenever rights to a trademark are granted to another entity.
On December 23, 2022, the Federal Court invalidated four registered marks owned by Quebec-based Alliance Autopropane Inc. (“AAP”). AAP obtained the right to use the trademark ALLIANCE AUTOGAS as a sublicensee of US-based propane gas company, Blossman Gas, Inc. (“Blossman”)