Unfortunately, business dealings sometimes lead to legal disputes. While we work with our clients to avoid litigation, including through negotiation, arbitration or mediation, contentious matters sometimes result in legal actions.
When they do, we are vigorous in advancing our clients' interests, and proceeding to court if necessary.
We have experience in various contractual and shareholder disputes, builder's liens, construction disputes, environmental litigation, negligence and breach of fiduciary duty matters, as well as bankruptcy, insolvency and collection work.
We have extensive experience in Alberta and British Columbia courts.
From patent holders suing to enforce their patent rights to parties seeking damages from misuse of their confidential information, intellectual property litigation covers both statutory and non-statutory types of intellectual property protection.
Federal legislation governs rights under patent, trademark and copyright law. Other types of intellectual property rights, including the protection of confidential information, exist at common law.
Our experience includes litigating all of these areas of intellectual property law, up to and including trial, both in the Federal Court of Canada and the Alberta Courts.
Copyright is the intellectual property protection covering written and artistic works, whether they are painting, songs, performances or sculptures. In Canada, computer software code is also subject to copyright protection.
We have consulted with authors, artists and performers regarding protection and licensing of their work, and have acted for both plaintiffs and defendants in copyright litigation matters, up to and including trial.
Trademarks are words, logos, designs or a combination of these elements which serve to distinguish the wares or services of one person or organization from other competitors in the marketplace.
A registered trademark provides that only the registered owner of the trademark, or those licensed by the registered owner, may use the trademark in Canada.
Shaun Cody is a registered Trademark Agent and can work with business owners in filing trademark applications and pursuing trademark protection from the Canadian Intellectual Property Office.
Patents serve to protect inventions, by giving the patent owner (or someone licensed by the patent owner) the exclusive right to make, use or sell the patented invention within Canada for a set period of time. Patent rights protect the way in which a device or method works or functions. Unlike trademark rights, patent rights cannot be extended after the initial term.
Patent registrations serve to prevent competitors from taking the idea and manufacturing, using or selling products using the subject matter of the patent.
We work with a number of patent agents to assist clients in pursuing patent protection for their idea.