Litigation

Take Pride in Your Ideas. Own Your Ideas.

Lomic Law’s litigation lawyers based in Toronto have a strong record of success advocating for their clients before the courts and administrative tribunals. Paul acts as lead counsel for a broad range of matters. Lomic Law’s litigation lawyers appeared before the Ontario Court of Justice, Ontario Superior Court of Justice, Federal Court, Federal Court of Appeal and various tribunals including the Trademarks Opposition Board. Litigation is inherently uncertain and past results are not necessarily indicative of future results which is why the experience of Lomic Law is so important.

Someone is using my company’s intellectual property with out authorization, what can we do?


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.




Is there a deadline to start a lawsuit?


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!




My company has been sued for intellectual property, trademark infringement or other cause of action, now what?


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.





  • Dead End Survival, LLC v. Marhasin, 2019 ONSC 3569 Obtained a judgment on behalf of the client in excess of $2,000,000 enforcing an order of a foreign jurisdiction regarding trademark infringement with additional costs payable to the client on a substantial indemnity basis. Dead End Survival, LLC v. Marhasin et al., 2019 ONSC 4878.

  • Aon Benfield Canada ULC v. AV (CV-17-571834) - Successfully represented the defendant in a 11 million dollar breach of confidence action settling the matter with no damages payable to the plaintiff (August 8, 2018).

  • Bodyguard Productions, Inc. v. Doe #1 et.al. (T-1918-17) Successfully defended the client resulting in a dismissal of the action with prejudice and without costs.

  • Cavan Specialty Advertising Ltd. v. Novel Notion Advertising Inc.  T-16-17 (represented the defendant in a successful settlement at Court Assisted Mediation)

  • Teti et al. v. Mueller et al., 2015 ONSC 4434: Successfully defended a motion for partial summary judgment which was dismissed in its entirety (co-counsel).

  • Lefebvre v. Pow, [2014] F.C.J. No. 613: Successfully defended an appeal in the Federal Court.

  • 1734983 Ontario Inc. et al. v. Tortoise Restaurant Group Inc., [2013] O.J. No. 2692: Franchising law – successfully opposed a motion to separate a counterclaim.

  • Plant Products v. Greenstar Plant Products, 2011 TMOB 220: Opposed a trade-mark application that resulted in protecting the wares covered by the client’s products.

  • Destiny Software Productions, Inc. v. Musicrypt Inc., 2011 ONSC 470: Opposed a summary judgment motion to dismiss a counterclaim in its entirety preserving the client’s key causes of action.

  • Kiss My Face Corporation v. LaPointe Rosenstein LLP, 2011 FC 150 (T-478-10): Represented a client in a section 45 appeal that reinstated the client’s trade-mark.

  • J2 Global Communications and Catch Curve v. Protus, 2010 FC 572: Successfully defended against an appeal with costs awarded to the client.

  • Belzberg v. Commissioner of Patents, 2009 FC 657 (T-248-08): Represented a client in a judicial review that forced the Commissioner of Patents to award a patent to the client. The client was awarded costs (co-counsel).

Selected Litigation Experience
Lomic Law

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100 King Street West, Suite 5700
Toronto, ON M5X 1C7

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Contact

416-352-5154

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