Litigation & Enforcement

Litigation and EnforcementDisputes over intellectual property can be a huge distraction for any organization, big or small. The key to a successful resolution is to pick a strategy at the outset that considers the relative strength of each side's position, the importance of what's at stake, the overall objectives and the costs and timelines of the various options, including settlement. In every case, you want a smart and aggressive advocate on your side to help pick the right strategy and to see it through.

At Shift Law we have a proven track record in IP litigation. We aggressively and intelligently represent clients before all levels of Court, in negotiations, before arbitrators and before the Canadian Intellectual Property Office. We have experience and expertise helping clients successfully resolve all manner of intellectual property disputes, particularly relating to:

  • trademarks, copyright, patents
  • trade secrets and confidential information
  • publicity rights, libel, defamation
  • trademark opposition and expungement proceedings
  • domain names and Uniform Dispute Resolution Policy (UDRP) proceedings
  • distribution and licensing agreements
  • negotiating settlements with the Business Software Alliance (BSA)

Some of our recent litigation success stories include:

Boaden Catering Ltd. v. Real Food for Real Kids Inc. (where we obtained summary judgment dismissing numerous IP related claims against our client - and obtained an order against the plaintiff for all of our client's legal costs in a related costs endorsement, an exceptional remedy that is rarely awarded)

Mold.ca Inc. v. Moldservices.ca (where we obtained summary judgment on behalf of our client whose former principal had misappropriated the company's intellectual property

Brown v. Canada (where we successfully responded to a motion for summary judgment against our client regarding the validity of a patent)

Shift Law v. Jefferies Group, Inc. (where we successfully invalidating a registered trademark blocking a client's application to register its trademark)