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.
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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

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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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.
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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