Clear, practical and efficient solutions to the most complex and interesting IP issues
Specializing in all aspects of trademark and copyright law, Daniel has a talent for connecting with clients and bringing clarity and efficiency to their most complex issues.
In his IP law practice, Daniel regularly advises clients, ranging from SMEs to Fortune 500 companies, in the areas of trademarks and copyright law, including registration, strategic management, ownership and control, licensing and enforcement.
He is also one of Canada’s leading experts in intellectual property issues relating to the Internet, social media and domain names and is sought out for his success in removing infringing content from the Internet quickly and efficiently, regardless of jurisdiction.
Trusted advice and representation covering a broad range of IP issues
Daniel has 15 years of experience as a litigator, including cases involving trademarks, copyright and domain names. He has appeared as counsel before the Federal Court, Federal Court of Appeal and Ontario Superior Court.
He handles the clearance, prosecution and registration of hundreds of trademarks, and successfully represents clients in trademark opposition and cancellation proceedings before the Trademarks Office. Daniel has been published extensively, is regularly called on as a speaker within the profession and has been interviewed as a legal expert by the media, both for live radio and in print. Daniel is a contributor and editor of IP Update — Canada, the firm's intellectual property law bulletin.
Qualifications
- News
- Speaking
- Industry Involvement
- In the Media
- "Protecting the shape of products: lessons from two recent cases", (co-author: Olivier Jean-Lévesque), World Trademark Review (WTR), Legal updates, May 31, 2024
- "Recent developments in domain name disputes", (co-speakers: Georgian Danzig, James Plotkin & Barry Penner, KC), Canadian International Internet Dispute Resolution Centre (CIIDRC) webinar, October 27, 2022
- “Brands in the Metaverse and NFTs: Protecting Trademarks & Copyrights Online, in Digital Media, and Beyond”, (with Mark Biernacki), Smart & Biggar webinar, September 15, 2022
- Overview of Non-Fungible Tokens (NFTs) and the Associated Copyright Considerations, CBA Alberta Tech & IP Law (South) Section, webinar, October 18, 2021
- “Bricks to Clicks: Protecting your brand and copyrights online in Canada from trolls to counterfeiters and media pirates”, (with Mark Biernacki), Smart & Biggar webinar, August 19, 2021
- "IP strategy from bricks to clicks: Protecting IP online", webinar, Invest Ottawa, April 21, 2021
- "TON of Intellectual Property", (virtual conference), The Ottawa Network, January 21, 2021
- "IP strategy from bricks to clicks: Protecting IP online", webinar, Invest Ottawa, June 17, 2020
- "What every in-house counsel needs to know about Intellectual Property law" (with Philip Lapin and Lionel Fishman), Association for Corporate Counsel-Ontario and Smart & Biggar webinar, May 2020
- "Legal Topics in Advertising," (co-speakers: Alice Tseng, Jamie-Lynn Kraft and Jennifer Ponton), Smart & Biggar in partnership with Ad Standards Canada, Toronto, Ontario, April 9, 2019
- "Canadian Copyright Law" (speaker), AUTM 2017 Canadian Meeting & Directors’ Forum, Montreal, June 27, 2017
- “Trademark Agent Tutorials” (speaker), Intellectual Property Institute of Canada two-part webinar, September 1 & 2, 2015
- "Enforcing Trademarks and Copyright Online: Strategies and Pitfalls" (speaker), Intellectual Property Institute of Canada webinar, November 27, 2014
- "Your First Judicial Review" (panellist), professional development conference for the Ontario Bar Association, Young Lawyers Division, Toronto, May 7, 2013
- "The Basics of Law: Contracts", speaker, Intellectual Property Institute of Canada two-part webinar, Ottawa, April 11 and 18, 2013
Memberships
- Member, Canadian International Internet Dispute Resolution Centre (CIIDRC) Committee
- Fellow, Intellectual Property Institute of Canada; Past President and Vice-chair of the Internet Committee; past member of the International Trademark Issues Committee; past member of the Litigation Committee
- Member, International Trademark Association (INTA); member of the Trademark Harmonization Committee (2022-2025); recognized as a 'High-Performing Committee Member' for 2023; past member of the Internet Committee
- Member, Canadian Bar Association
Teaching Activities
- “Copyright Law in the Entertainment Industry – A Canadian Perspective” - Guest Lecture at UCLA (University of California, Los Angeles), February 15, 2016
- “Trademark Agent Tutorials” IPIC course – preparing and grading a mock exam in preparation for the Trademark Agent Qualifying Examination, July 2015
- “Harold G. Fox Moot” – Coaching judge for University of Ottawa team, which won best mooting team and best oral advocate, February 2015
Interviews
- "AI helps and hinders online infringement", Canadian Lawyer Magazine, May 17, 2024
- "Why those AI-generated portraits all over social media have artists on edge", Canadian Broadcasting Corporation (CBC), As It Happens, December 8, 2022
- "Protecting digital trademarks and copyrights", Canadian Lawyer Magazine, October 6, 2022
- "Canada extending term of copyright protection from 50-to-70 years", Canadian Lawyer Magazine, September 20, 2022
- "How strategic IP helped propel Hexo into a multimillion-dollar cannabis powerhouse", Ottawa Business Journal, April 19, 2021
- "Meet three lawyers who love living and working in Ottawa", PrecedentJD print
interview,
August
28, 2018
- “Owning an Idea”, Canadian Broadcasting Corporation (CBC) radio interview, March 18, 2016
- “La Cour suprême entendra l’appel de Google sur une injonction”, Canadian Broadcasting Corporation (CBC) radio interview, February 18, 2016
- “Fine Brothers abandon 'react' trademark attempt after sparking online outrage”, Canadian Broadcasting Corporation (CBC) print interview, February 3, 2016
- “Jail time for store owner in trademark battle”, Law Times print interview regarding rare jail sentence in trademark case, February 1, 2016
Publications
- "False Alarm: The Risks of Groundless Online Takedown Complaints", (co-author: Olivier Jean-Lévesque), The Licensing Journal, Volume 44, 5, May 2024
- "False alarm: the risks of groundless online takedown complaints", (co-author: Olivier Jean-Lévesque), World Trademark Review (WTR), Legal updates, March 26, 2024
- "Brand Licensing Trademark Troll Loses Registration after Appropriating Well-Known Mark", (co-author: Reagan Seidler), The Licensing Journal, August 2022, Vol. 42, No. 7
- "Trademark troll loses registration after appropriating well-known mark", (co-author: Reagan Seidler), World Trademark Review (WTR), Legal updates, June 21, 2022
- "Commercializing NFTs: How to Generate Value From Digital Assets, IP", (co-author: Akiv Jhirad), The Fashion Law, April 6, 2022
- "Stiff Penalty for Copyright Infringer in Canada: Federal Court Hands Out Prison Sentence for Contempt in Ongoing Infringement Case",
(co-author: Denise Felsztyna), LexisNexis Internet & E-Commerce Law Newsletter, March 2022
- "NFTs: Art meets crypto – traditional copyright issues in a tokenized world", (co-author: Akiv Jhirad), Entertainment, Media and Communications Law, Ontario Bar Association (OBA), December 14, 2021
- "Patents, trade marks, copyright and designs in Canada: overview" (co-authors: Steven Garland, Sanjay Goorachurn and Jeff Leuschner), Thomson Reuters Practical Law, November 2020
- "IP in business transactions: Canada overview" (co-authors: Steven Garland, Sanjay Goorachurn and Jeff Leuschner), Thomson Reuters Practical Law, November 2020
- "Enforcing foreign judgements in Canada" (co-author: Matthew Burt), Association of Corporate Counsel, December 2020
- "Canada keeps up with technology," INTA Bulletin, August 1, 2017, Vol. 72 No. 13
- "Canada: PROZAC tablet not registrable" (co-author: Gunars Gaikis), Law Lore & Practice, September 2006
- "A Shift on the Horizon: The Conspiracy of Assignment" (co-author: Steven B. Garland), Patent World, May 2006