Emerging and established companies need strategies that identify, protect and preserve their intellectual property. David develops and implements these strategies to help clients keep their competitive edge.

Trademark opposition proceedings form a core component of a business’s intellectual property strategy, and pending amendments to federal legislation may increase the frequency and complexity of these proceedings. David sifts through legal jargon and procedural complexity to present straightforward advice and recommendations to clients throughout the opposition process.

David’s experience also includes litigation in the fields of technology and intellectual property. David has represented clients at the Ontario Superior Court and Federal Court. He effectively represents clients’ interests at trial, through settlements, and at other stages of litigation, and does so within the scope of larger business strategies and priorities. David adopts a similar approach to oppositions in order to achieve optimal outcomes for clients – both applicants and opponents alike.

Work Highlights

Intellectual Property Litigator with experience in Expert Evidence

  • Assisted on a successful motion to strike unnecessary expert evidence on the issue of “sufficient governmental control” in the context of an action challenging a client’s official marks: Association of Chartered Certified Accountants v The Canadian Institute of Chartered Accountants, 2016 FC 1076

Counsel for Medical Products Company

  • Successfully obtained stay of proceedings for an action based on breach of a patent purchase agreement, commenced in Ontario in parallel to existing litigation in New Jersey: GlycoBioSciences Inc v Ansell Healthcare Products LLC, (December 4, 2017), Orangeville Court File No. cv-132/17 (unreported)

Counsel for Clients in Summary Non-Use Cancellation Proceedings

  • Successfully obtained expungement of a trademark registration on the basis that the mark, as used, was an impermissible variation of the trademark as registered: Deeth Williams Wall LLP v PPG Architectural Coatings Canada, 2018 TMOB 28
  • Acted for clients in numerous cancellation proceedings, including proceedings involving clients with complicated licensing structures, third party distributors, and other potential barriers to demonstrating trademark “use” with the requisite degree of control.
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Services

Trademark registration, enforcement, licensing and portfolio counseling; Domain name registration, acquisition and disputes
Intellectual property audits and due diligence Copyright registration, enforcement, licensing and counseling
Industrial Design applications and counseling Trade Secret counseling

Intellectual property acquisition and enforcement has an increasingly global focus. As a result, David’s work has crossed many borders, managing clients’ international trademark portfolios through networks of instructing counsel in the United States, Europe, Africa and China. David connects his clients with resources and practitioners across the world to protect and enforce their trademarks abroad.

Businesses need practitioners who tailor legal solutions for their specific circumstances. Clients appreciate David’s ability to understand the legal objectives of their business in order to guide his responsive approach.

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Intellectual Property Litigator with experience in Expert Evidence
  • Assisted on a successful motion to strike unnecessary expert evidence on the issue of “sufficient governmental control” in the context of an action challenging a client’s official marks: Association of Chartered Certified Accountants v The Canadian Institute of Chartered Accountants, 2016 FC 1076
Counsel for Medical Products Company
  • Successfully obtained stay of proceedings for an action based on breach of a patent purchase agreement, commenced in Ontario in parallel to existing litigation in New Jersey: GlycoBioSciences Inc v Ansell Healthcare Products LLC, (December 4, 2017), Orangeville Court File No. cv-132/17 (unreported)
Counsel for Clients in Summary Non-Use Cancellation Proceedings
  • Successfully obtained expungement of a trademark registration on the basis that the mark, as used, was an impermissible variation of the trademark as registered: Deeth Williams Wall LLP v PPG Architectural Coatings Canada, 2018 TMOB 28
  • Acted for clients in numerous cancellation proceedings, including proceedings involving clients with complicated licensing structures, third party distributors, and other potential barriers to demonstrating trademark “use” with the requisite degree of control.
Counsel for Clients in Opposition Proceedings
  • Coordinated series of multiple interrelated oppositions for professional regulatory body, including coordinating deadlines and evidence, and drafting multiple interrelated written arguments on behalf of the opponent organization.
  • Assisted in numerous oppositions, including preparing evidence, conducting cross-examinations, and preparing arguments.
Experience in Multinational Trademark Prosecution and Enforcement
  • Managed portfolio of trademarks for a multinational pharmaceutical client, including maintaining and assigning global trademark holdings.
  • Coordinated domestic and foreign oppositions, both as instructing counsel and as local agent.
Industry Involvement
  • Canadian Bar Association
  • Law Society of British Columbia
  • Ontario Bar Association
  • Intellectual Property Institute of Canada (IPIC), Affiliate
  • Canadian IT Law Association (IT.CAN), Member
  • Toronto Computer Lawyers' Group (TCLG), Member
  • Toronto Intellectual Property Group (TIPG), Member
  • Toronto Lawyers Association (TLA), Member
Education & Call to Bar
  • Call to Bar: British Columbia, 2018
  • Call to Bar: Ontario, 2015
  • Juris Doctor, York University - Osgoode Hall Law School, 2014
  • Master of Arts, English Literature, University of Toronto, 2010
  • Honours Bachelor of Arts (English Literature), University of Toronto, 2009