Intellectual Property Litigation
Whether trade-marks which serve to identify the source of products or services, patents which exclude competitors, or copyrights and industrial designs which prevent unauthorized copying, for many businesses their intellectual property is their most valuable asset. Intellectual property distinguishes a business in the marketplace and is a key component in obtaining and retaining market share. It is no wonder why intellectual property rights are so vigorously enforced.
Intellectual property litigation is complex, requiring detailed analysis of the rights in dispute and often the use of experts in the appropriate field. The costs can be significant. At Bosman Law, the focus is always on the client's goals and what makes sense from a business perspective. Not every infringement of intellectual property rights requires or warrants the commencement of a court action. Simple straightforward infringement disputes are often resolved through a negotiated settlement with built-in deterrence terms. Where court action is required, in keeping with its practical business-oriented approach, Bosman Law regularly reviews the status and strategy of actions with its clients. If an action proceeds to trial, Bosman Law has the experience to simplify the often document-intensive and technical issues and convey them coherently to the Court.
The majority of Bosman Law's practice relates to intellectual property litigation including infringement claims. Bosman Law acts for both the owners of intellectual property in pursuing infringers and for those defending themselves against allegations of intellectual property infringement in the following areas:
- Patent Disputes
- Trade-mark Disputes (including common law and statutory passing off actions)
- Copyright Disputes
- Industrial Design Disputes
- Interlocutory Injunctions (“emergency” relief from infringement pending trial)
- Misuse of Confidential Information/Trade-secrets
- Anton Pillar Orders (civil search and seizure orders)
- Domain Name Disputes (including dispute resolution using ICANN's dispute resolution policy)
- Enforcement of Letters Rogatory (obtaining evidence in Canada for foreign litigation purposes)
Intellectual Property Litigation Expertise
Before establishing Bosman Law, Pauline Bosman practiced for nine years with a prominent intellectual property law boutique in downtown Toronto. Pauline has a Masters degree in Intellectual Property Law from Osgoode Hall Law School. She has extensive experience in intellectual property litigation and in the practical management and effective resolution of intellectual property disputes in the Federal Court of Canada, the Ontario Superior Court and various appellate courts. She has represented clients, from start-ups to international corporations, in a wide range of industries: from the food products and consumer products industries, to the oil and mining industries, to the computer software industry. Pauline was counsel to Jaguar Cars in its successful bid to expunge another corporation's ten year old JAGUAR trade-mark registration for tote bags and baggage, a case which explains the ambit of protection given to famous trade-marks in Canada. Pauline has also co-authored two chapters in Intellectual Property Disputes, Resolutions & Remedies ((Toronto: Thomson Carswell, 2002 - 2009), editor, Ronald Dimock), a leading text on the practice of intellectual property litigation in Canada.