Acted for the successful appellant in this appeal from an interlocutory injunction order in a trademark infringement and passing off action in the Ontario Superior Court. Three Divisional Court judges unanimously agreed that the Superior Court had erred in each element of the three-part test, including in finding that the plaintiff had established a serious issue to be tried. You can read more about the case in this article about it.
About Howard Winkler
Howard is a senior advisor to Shift Law in litigation related matters. He is also the founder and principal of Winkler Dispute Resolution.
With over 30 years of experience, Howard has developed a well-deserved reputation in the Ontario legal community for his advocacy skills and his practical approach to conflict resolution. Howard regularly represents both plaintiffs and defendants in complex factual and legal disputes both at trial and at all levels of Appeal, particularly in media law and reputational related matters. He has been a Certified Specialist in Civil Litigation for most of his career and he has been described by the CBC as one of the country’s leading experts in Defamation Law.
In addition to being an experienced litigator, Howard is a sought after mediator. Drawing on his many years of litigation experience, Howard has a keen sense of how cases will be viewed by courts which can help to set realistic expectations and assess various settlement scenarios.
Throughout his legal career, Howard’s views on various topics and some of his higher profile cases have been profiled in trade journals and in the popular press.
Howard is Harvard Law School trained in dispute resolution and negotiation.
SPECIAL DESIGNATIONS
Certified by the Law Society of Upper Canada as a Specialist in Civil Litigation.
Appointed as a Fellow of the Litigation Counsel of America, Trial Lawyer Honorary Society.
Named to the Martindale-Hubbell Bar Register of Preeminent Lawyers for earning the highest level of professional skill and integrity in the Martindale-Hubbell Law Directory.
Peer rated as a Best Lawyer in Canada in the area of Defamation and Media Law in every year since the inception of the Best Lawyers program in Canada.
Contributing Author, Bullen & Leake Canadian Precedents of Pleadings (Carswell).
Client Work
Insights
Protecting Trade Secrets in Canada: Understanding the Current Legal Framework
The Globe and Mail published an article recently calling for Canada to adopt trade secret legislation to provide clear, consistent, and enforceable protection for trade secrets and confidential information across the country. The article…
When Trademarks Fall to Pieces: EUIPO Invalidates Rubik’s Cube Design Trademark
Following a recent decision by the European Union Intellectual Property Office (EUIPO) to invalidate Spin Master’s Rubik’s Cube trademark in the EU, we explore what this means for three-dimensional trademarks in Canada….
Federal Court clarifies the evidentiary burden to satisfy the Bojangles test in trademark oppositions
In 2718971 Ontario Inc. v. Kinde Company Ltd., 2025 FC 1114, the Federal Court considered an appeal from a decision of the Trademarks Opposition Board (the “TMOB”) where the opponent’s primary ground…
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