David specializes in contentious matters: when problems arise, clients look to David to help secure effective and efficient solutions.
David has represented clients at the BC Supreme Court, the Ontario Superior Court, and the Federal Court of Canada, primarily in the fields of technology, intellectual property, and domain names. He also regularly represents clients before arbitrators and tribunals, such domain name proceedings under CIRA’s Dispute Resolution Policy (CDRPs) and trademark oppositions and cancellations before the Trademarks Opposition Board.
David sifts through legal jargon and procedural complexity to present straightforward advice and recommendations to clients throughout the course of their disputes: he identifies both problems and solutions in a manner that can be effectively used, even by the busiest of clients.
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.
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 |
In addition to contentious matters, David also provides a wide range of solicitor-side services regarding trademarks, copyright, and other forms of intellectual property. He regularly assists clients in securing trademarks, as well as clearance of new brand names and the launch of products and associated advertising campaigns.
By anticipating potential problems and providing proactive courses of action, David is able to help a client chart courses of action which maximize their interests and minimize their risks.
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