Successes

Paul has a strong record of success advocating for his clients before the courts and administrative tribunals. Paul has handled both preliminary and final hearings as lead counsel for a broad range of matters. Paul has 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.

Selected litigation experience

  • 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).

Publications

Paul is a frequent contributor to legal publications. Paul is the editor and an author of two books: Social Media and Internet Law - Forms and Precedents (2018) and Intellectual Property Litigation - Forms and Precedents (2016) both published by LexisNexis. Paul is also the general editor of Communications Law in Canada (loose-leaf) by LexisNexis. Additional selected publications are below:

  • Paul Lomic and Agnes Ng, "Interlocutory injunction granted in trademark case" Legal Alert (a Carswell Publication), August 2017, Volume 36, No. 5
  • Sabrina Salituro and Paul Lomic, "Costs Awarded where trademark used in website metatags" Legal Alert (a Carswell Publication), January 2017, Volume 35, No. 10
  • Paul Lomic and Sabrina Salituro, "Supreme Court of Canada considers technological neutrality in copyright law " Legal Alert (a Carswell Publication), April 2016, Volume 35, No. 1
  • Paul Lomic and Jennifer Sander, "Case Summary: Vancouver Community College v. Vancouver Career College (Burnaby), 2015 BCSC 1470" IPIC Bulletin, January/February 2016
  • Jennifer Sander and Paul Lomic, "Use of competitor trademark in search engine keyword ad" Legal Alert (a Carswell Publication), January 2016, Volume 34, No. 10
  • Jennifer Sander and Paul Lomic, "Changes to Industrial Design Act in Canada" Legal Alert (a Carswell Publication), May 2015, Volume 34, No. 2
  • Jennifer Sander and Paul Lomic, "Changes to Canadian trademark law" Legal Alert (a Carswell Publication), December 2014, Volume 33, No. 9
  • Jennifer Sander and Paul Lomic, “Court balances privacy rights and copyright enforcement” Legal Alert (a Carswell Publication), May 2014, Volume 33, No. 2
  • Jennifer Sander and Paul Lomic, “Federal Court awards $10.5 million for copyright infringment” Legal Alert (a Carswell Publication), April 2014, Volume 33, No. 1
  • Tiffany Soucy, Kiran Bains and Paul Lomic, “Canada introduces bill to combat counterfeiting” Legal Alert (a Carswell Publication), June 2013, Volume 32, No. 3
  • Jennifer Sander and Paul Lomic, “Supreme Court clarifies sufficiency of disclosure” Legal Alert (a Carswell Publication), January 2013, Volume 31, No. 10
  • Jennifer Sander and Paul Lomic, “Sound trade-marks registrable in Canada” Legal Alert (a Carswell Publication), June 2012, Volume 31, No. 3
  • Jennifer Sander and Paul Lomic, “Case Summary: Eurocopter v. Bell Helicopter Textron Canada Limiteé, [2012] FC 113”, IPIC Bulletin, March/April 2012, Vo. 312, pp. 6-7
  • Matthew Norwood and Paul Lomic, “New approach for summary judgment in Ontario courts” Legal Alert (a Carswell Publication), March 2012, Volume 30, No. 12
  • Co-chair, Protecting Innovation in High-Tech Industries, Ontario Bar Assoiciation, Continuing legal education seminar, May 24, 2012
  • Benjamin Mak, Matthew Norwood, Robert Wilkes and Paul Lomic, "Business Methods" patentable: Amazon.com update, Legal Alert (a Carswell Publication), February 2012, Volume 30, No. 11
  • Jennifer Sander and Paul Lomic, “Appeal on lack of sound prediction succeeds” Legal Alert (a Carswell Publication), December 2011, Volume 30, No. 9
  • Paul Tackaberry and Paul Lomic, “Supreme Court clarifies ‘likelihood of confusion’ test” Legal Alert (a Carswell Publication), August 2011, Volume 30, No. 5
  • Joanna Pitkin and Paul Lomic, “Canadian court denies stay despite concurrent U.S. action” Legal Alert (a Carswell Publication), July 2011, Volume 30, No. 4
  • Benjamin E. Mak and Paul V. Lomic, “Business Methods can be patented” Legal Alert (a Carswell Publication), December 2010, Volume 29, No. 9
  • Paul V. Lomic and J. Douglas Wilson “Court finds online music previews are fair dealing” Legal Alert (a Carswell Publication), July 2010, Volume 29, No. 4
  • Paul V. Lomic and J. Douglas Wilson “Federal Courts improving litigation process” Legal Alert (a Carswell Publication), August 2009, Volume 28, No. 5
  • Mala Joshi, Paul Lomic and Dylan White “Overview of Intellectual Property”, Written Materials for Ontario Bar Association (Continuing Legal Education - Seminar) “Intellectual Property Issues in a Non-IP Context”, May 4, 2009
  • Paul V. Lomic “Federal Court initiatives streamline adversarial process” The Lawyers Weekly (a LexisNexis Publication), January 30, 2009 
  • Paul V. Lomic and J. Douglas Wilson “Supreme Court of Canada unanimously upholds selection patents” Legal Alert (a Carswell Publication), January 2009, Volume 27, No. 10

Presentations

Paul is a frequent contributor to legal seminars and conferences. Paul is the Chair of the IPIC Forums and Seminars Committee which organizes the the largest intellectual property law conference in Canada.  Additional selected presentations are below.

  • Speaker, “Intellectual Property - Hot Issues in the Sale of a Business ”, Buying and Selling a Business, Continuing legal education seminar, March 8, 2018
  • Moderator, “Interacting with Unrepresented Counterfeiters in Civil and Criminal Cases”, 22nd Annual – Fraud and Anti-Counterfeiting Conference, December 7, 2017
  • Speaker, “Online Court Filings”, TECHxpo 2017: Your Practice…Connected, Continuing legal education seminar, November 9, 2017
  • Moderator, "Top Intellectual Property Cases of the Year", Intellectual Property Institute of Canada, 90th Annual Meeting, September 29, 2016
  • Co-chair, Your First Civil Trial, Ontario Bar Association, Continuing legal education seminar, March 22, 2016
  • Speaker, "Marketing: Live or Die", RODA's 1st Annual Diversity Conference, Toronto Lawyers Association, November 26, 2015
  • Moderator, "In Motion: Reimagining the Ways We Practise", Intellectual Property Institute of Canada, 89th Annual Meeting, October 15 , 2015
  • Moderator, Trademark Debate, 2015 CBA IP Day: Afternoon Professional Development - The IP Debates, Canadian Bar Association, Continuing legal education seminar, May 28, 2015
  • Moderator, "Domain Names - Identifying 'Anonymous' Users, CDURP, UDRP, URS and What Courts Are Prepared to Do", Intellectual Property Institute of Canada, 88th Annual Meeting, October 17 , 2014
  • Co-chair, Oral Advocacy Boot Camp, Ontario Bar Association, Continuing legal education seminar, October 8, 2013
  • Speaker, “An Overview of the Judicial Review Process”, Your First Judicial Review, Ontario Bar Association, Continuing legal education seminar, May 7, 2013
  • Co-chair, Your First Civil Trial, Ontario Bar Association, Continuing legal education seminar, March 8, 2013
  • Co-chair, Protecting Innovation in High-Tech Industries, Ontario Bar Association, Continuing legal education seminar, May 24, 2012
  • Faculty, Essential IP Elements and Concepts, Osgoode Professional Development, Negotiating and Drafting IT Agreements, February 7, 2012
  • Co-chair, Divine Discoveries: Building a Great Case, Ontario Bar Association, Continuing legal education seminar, April 19, 2012
  • Co-chair, Your First Civil Trial, Ontario Bar Association, Continuing legal education seminar, March 9, 2012
  • Co-chair, Dialogue with the Bench and Bar: Tools and Tactics to Improve Your Advocacy Skills, Ontario Bar Association, Continuing legal education seminar, October 4, 2011
  • Co-chair, Dialogue with the Bench and Bar: Tools and Tactics to Improve Your Advocacy Skills, Ontario Bar Association, Continuing legal education seminar, September 29, 2009
  • Co-chair, Intellectual Property Issues in a Non-IP Context, Ontario Bar Association, Continuing legal education seminar, May 4, 2009
  • Co-chair, More Than Simply Inserting an ® Symbol, Ontario Bar Association, Continuing legal education seminar, May 10, 2007