A trademark is an indicator of source for particular goods and/or services. A trademark can be a word, design (logo), a combination of words and designs, or a sign that distinguishes your goods and/or services from those of others.

You can have a trademark for one or a combination of words, designs, tastes, textures, moving images, mode of packaging, holograms, sounds, scents, three-dimensional shapes and/or colours.

A trademark is an indicator of source for particular goods and/or services. A trademark can be a word, design (logo), a combination of words and designs, or a sign that distinguishes your goods and/or services from those of others.

You can have a trademark for one or a combination of words, designs, tastes, textures, moving images, mode of packaging, holograms, sounds, scents, three-dimensional shapes and/or colours.

Confidential information and trade secrets are often used interchangeably and are information that is not disclosed to the public that typically has commercial value. Confidential information can include various items, such as documents (paper and/or electronic), client lists, ideas, financial information, designs, business methods, formulas, source codes etc. Confidential information is typically communicated to others in confidence.

If someone is using your intellectual property without authorization, we can assist you with a customized strategy depending on your unique circumstances. You options may include, sending a cease and desist letter to the infringing party, working with the affected social media platform to remove the infringement, domain name dispute resolution, arbitration and/or if the infringing activity does not stop, you can bring a lawsuit for infringement and/or passing off etc.

Copyright is the exclusive legal right to produce, reproduce, publish or perform an original literary, artistic, dramatic or musical work. You have copyright protection as soon as your original idea is fixed onto a tangible medium (e.g. paint on a canvas, ink on paper, an electronic document etc.). For example, literary works include such diverse works such as novels, the descriptive text on your website and the code for computer programs. Artistic works include paintings, digital art and logos and the layout of a website.

If your company has obtained a judgement in a court outside of Canada against a defendant that is either a Canadian individual or corporation, or an individual that has assets in Canada, you should consider bringing proceedings to recognize and enforce your foreign judgment in the province where the defendant is located or has assets. Once a foreign judgement is recognized in Canada, it can then be enforced through various measures as if it was a Canadian order.

A trademark is an indicator of source for particular goods and/or services. A trademark can be a word, design (logo), a combination of words and designs, or a sign that distinguishes your goods and/or services from those of others.

You can have a trademark for one or a combination of words, designs, tastes, textures, moving images, mode of packaging, holograms, sounds, scents, three-dimensional shapes and/or colours.

Lomic Law's experienced patent attorneys have successfully filled dozens of patents, accross many disciplines. Our professional team will work with you through all parts of the process to ensure that your idea is properlly protected. We appreciate the value in people's ideas and our team is here to help. Feel free to schedule a FREE initial patent consultation.

Once a judgment is obtained in a foreign jurisdiction, you may bring proceedings (an action or an application) to recognize and enforce the foreign judgment in the province where the defendant is located and/or has assets. Depending on what province you want to recognize and enforce the judgement, there may be limitation periods that apply. For example, in Ontario, the limitation period is 2 years from the date of the foreign judgement or the date you become aware that the defendant has assets in Ontario.

If you share you confidential idea with a company and that information was intended to be confidential, and that information is taken, you may have a cause of action if the company just used some, and not the entirety, of your idea to develop another product. The springboard doctrine applies even if the defendant company does substantial development of your idea on its own. This is known as the springboard doctrine.

Moral rights are the right of integrity and attribution associated with a work that belongs to the author of the work. In Canada, moral rights can only be waived by an author and cannot be assigned. Even if you own the copyright in a work, you may not be able to alter or change the work unless you have a waiver for moral rights.

You do not need to register your trademark, although we recommend registering your trademark which provides you with additional enforcement options and it is often less expensive to enforce. If you do not register your trademark, through use of the mark, you may have an common-law trademark. You can bring a lawsuit for the tort of passing-off if someone is using your unregistered trademark, which requires you to prove goodwill, misrepresentation and damages. If you have a registered trademark and someone is using your registered trademark, you can bring a lawsuit for trademark infringement, which has a lower burden of proof to be successful.

Owners of registered trademarks can also apply for a Request for Assistance, requesting assistance from the Canada Border Services Agency to assist with preventing counterfeit goods from entering Canada.

Our team has successful defended many patent infringement claims across several industries, and for many different levels of companies. Lomic Law patent attorneys are here to work with you, protect your idea, and reach a complete resolution.

You do not need to register your trademark, although we recommend registering your trademark which provides you with additional enforcement options and it is often less expensive to enforce. If you do not register your trademark, through use of the mark, you may have an common-law trademark. You can bring a lawsuit for the tort of passing-off if someone is using your unregistered trademark, which requires you to prove goodwill, misrepresentation and damages. If you have a registered trademark and someone is using your registered trademark, you can bring a lawsuit for trademark infringement, which has a lower burden of proof to be successful.

Owners of registered trademarks can also apply for a Request for Assistance, requesting assistance from the Canada Border Services Agency to assist with preventing counterfeit goods from entering Canada.

It is important that you start any lawsuit and/or legal proceeding before to the applicable limitation period, otherwise, you may be stopped from bringing a lawsuit that may otherwise be successful. Limitation periods in intellectual proceedings are particularly complex because the length of the limitation period often depends on the type of intellectual property (e.g. trademark, copyright, patent, confidential information) and in the case of trademarks whether the dispute is provincial or national in nature. Please Contact Us!

You do not need to register your trademark, although we recommend registering your trademark which provides you with additional enforcement options and it is often less expensive to enforce. If you do not register your trademark, through use of the mark, you may have an common-law trademark. You can bring a lawsuit for the tort of passing-off if someone is using your unregistered trademark, which requires you to prove goodwill, misrepresentation and damages. If you have a registered trademark and someone is using your registered trademark, you can bring a lawsuit for trademark infringement, which has a lower burden of proof to be successful.

Owners of registered trademarks can also apply for a Request for Assistance, requesting assistance from the Canada Border Services Agency to assist with preventing counterfeit goods from entering Canada.

Lomic Law can assist you with filing your trademark in other countries with our network of trusted agents. We work with trademark lawyers in the US, Australia, EU, UK, and other countries to assist with registering your trademark in the jurisdiction you wish to use your trademark in. You also have the option of filing an international Madrid application. A Madrid application is typically not cost effective unless you are filing four or more trademark applications internationally.

We are happy to work with you throughout the whole patent process. For more information about patent elidgibility and filing, please schedule a FREE initial consultation.

It is important for your company to have safeguards for you confidential information that include: restricted access in your company, password/technological protection, clearly labeling information as confidential, confidentiality clauses in employment and independent contractor agreements, NDA or Non-Disclosure Agreements when you are exploring collaborations with others. Please contact us for more information and strategies on protecting your confidential information.

Lomic Law can assist you with filing your trademark in other countries with our network of trusted agents. We work with trademark lawyers in the US, Australia, EU, UK, and other countries to assist with registering your trademark in the jurisdiction you wish to use your trademark in. You also have the option of filing an international Madrid application. A Madrid application is typically not cost effective unless you are filing four or more trademark applications internationally.

Lomic Law can assist you with filing your trademark in other countries with our network of trusted agents. We work with trademark lawyers in the US, Australia, EU, UK, and other countries to assist with registering your trademark in the jurisdiction you wish to use your trademark in. You also have the option of filing an international Madrid application. A Madrid application is typically not cost effective unless you are filing four or more trademark applications internationally.

Once a lawsuit has been commenced against you (e.g. you have been served with an issued statement of claim), it is important to file a defence or take other defensive action prior to the deadline to avoid a judgment in your absence (default judgement). Lomic Law has successfully defended several clients that have been sued for trademark infringement and/or passing off with favourable outcomes to our clients. Please Contact Us for a complementary consultation to discuss the lawsuit you are involved in and how we can be of assistance.

If you hire and pay someone to create something for you, unless otherwise stipulated, you do not automatically own the copyright. For example, if you hire an independent contractor to create a logo, unless there is a formal copyright assignment in writing your company will not own the copyright in the logo. We have strategies to help ensure your company owns its copyrights and other intellectual property. For more information, for a complementary consultation.

The Supreme Court of Canada in Beals v. Saldhana, 2003 SCC 72, set out 3 main defences: 1. Fraud; 2. Denial of Natural Justice; and 3. Breach of Public Policy. The defendant has the burden to establish on a balance of probabilities that any of the defences to enforcement apply. These defenses are not a closed list, and there are also other defences that a defendant may raise.

Feel free to reach out to us for more information about any of the legal services that we offer: info@lomic-law.ca. We also offer FREE initial consultations for all of our services, so feel free to reach out!

If someone is using your trademark or a similar trademark and is selling the same or similar goods and/or services as you are, we can assist you in sending a cease and desist letter to the infringing party, and if the infringing activity does not stop, you can bring a lawsuit for trademark infringement and/or passing off.

If someone is using your trademark or a similar trademark and is selling the same or similar goods and/or services as you are, we can assist you in sending a cease and desist letter to the infringing party, and if the infringing activity does not stop, you can bring a lawsuit for trademark infringement and/or passing off.

Although it is not necessary to register your copyright in Canada to enforce your rights in your work, registering your copyright has many benefits that assist with enforcing your copyright against infringers. A copyright registration provides evidence and a rebuttable presumption that copyright subsists in a work. Generally, copyright lasts the life of the author of the work plus 50 years after the death of the author. Prior to registering your copyright, ensure that you actually own the copyright to the work (please see above).

A non-disclosure agreement (NDA) is a document that is commonly used to have individuals sign prior to disclosing confidential information to them (for example an inventor disclosing an invention to a manufacturer). The value of the NDA is that it assists in setting the expectation of the parties with respect to the confidential information. The NDA is evidence that the parties intended the information to be confidential. This evidence may be required in litigation.

If someone is using your trademark or a similar trademark and is selling the same or similar goods and/or services as you are, we can assist you in sending a cease and desist letter to the infringing party, and if the infringing activity does not stop, you can bring a lawsuit for trademark infringement and/or passing off.

Once a lawsuit has been commenced against you, it is important to file a defence or take other defensive action prior to the deadline to avoid a judgment in your absence (default judgement). Lomic Law has successfully defended several clients that have been sued for trademark infringement and/or passing off with favourable outcomes to our clients. Please contact us for a complementary consultation to discuss the lawsuit you are involved in and how we can be of assistance.

Yes! Once a lawsuit has been commenced against you, even if it is part of a lawsuit where you are just one of hundreds of defendants, you need to take immediate steps to protect your rights. If the matter is not settled, you run the risk of a judgment in your absence (default judgement). We have successfully resolved many cases that involve alleged downloading of movies using file sharing software, including dismissing the case on a with prejudice and without costs basis.

Once a lawsuit has been commenced against you, it is important to file a defence or take other defensive action prior to the deadline to avoid a judgment in your absence (default judgement). Lomic Law has successfully defended several clients that have been sued for trademark infringement and/or passing off with favourable outcomes to our clients. Please contact us for a complementary consultation to discuss the lawsuit you are involved in and how we can be of assistance.

For highly sensitive information, your company may obtain and interim and interlocutory injunction on an urgent basis to have the confidential information delivered up to an independent party pending the resolution of the litigation. The Court’s order can include seizing the personal computers, smartphones and freezing the online accounts of the former employee. For an interim and interlocutory injunctions time is of the essence and the motion must be brought as soon as possible.

If an employee removes confidential information from your business that is less sensitive, you can bring a lawsuit against that former employee for breach of confidence without an interim or interlocutory injunction.

Once a lawsuit has been commenced against you, it is important to file a defence or take other defensive action prior to the deadline to avoid a judgment in your absence (default judgement). Lomic Law has successfully defended several clients that have been sued for trademark infringement and/or passing off with favourable outcomes to our clients. Please contact us for a complementary consultation to discuss the lawsuit you are involved in and how we can be of assistance.

For highly sensitive information, your company may obtain and interim and interlocutory injunction on an urgent basis to have the confidential information delivered up to an independent party pending the resolution of the litigation. The Court’s order can include seizing the personal computers, smartphones and freezing the online accounts of the former employee. For an interim and interlocutory injunctions time is of the essence and the motion must be brought as soon as possible.

If an individual removes confidential information from your business that is less sensitive, you can bring a lawsuit against that former employee for breach of confidence without an interim or interlocutory injunction.

If you suspect that someone or an entity is infringing upon your copyright, or violating your moral rights as an author, please contact us to discuss your options on how to enforce your rights in Canada or on social media. It is important to obtain legal advice as soon as possible as there may be limitation periods that may prevent you from being successful on an otherwise strong claim.

Once a lawsuit has been commenced against you, it is important to file a defence prior to the deadline to avoid a judgment in your absence (default judgement). Lomic Law has successfully defended several clients that have been sued for copyright infringement with favourable outcomes to our clients. Please contact us for a complimentary consultation to discuss the lawsuit you are involved in and how we can be of assistance.