Vigorously defending exclusive industrial design rights with precision and expertise
Enforcement of industrial design rights is critical to the protection of valuable product designs and to ensure continued market exclusivity. When a competitor’s product infringes on the visual or aesthetic design of an innovation protected under an industrial design registration, having access to product design litigation expertise to resolve matters quickly and efficiently is key to protecting market position.
Strong and effective industrial design enforcement requires a highly experienced and strategic approach. Our leading team of IP litigators and trial counsel provide highly effective enforcement of industrial designs as well as related rights to protect product design features against copying and infringement.
Our lawyers are leaders in the protection and enforcement of industrial design rights in Canada and around the world, and we have successfully handled precedent-setting industrial design litigation, prevailing at trial in the only decided case since the amendment of Canada’s Industrial Design Act. We routinely handle Canada’s most commercially important and complex intellectual property cases, and we are recognized as Canada’s dominant IP litigation firm having been chosen by Benchmark Canada as Canada’ IP Litigation Firm of the Year for five consecutive years. With our global network of IP industry experts and vast experience in multijurisdictional cases, we provide our clients with coordinated and effective industrial design enforcement strategies to protect the design of your product worldwide.
Key Contacts
Client Success
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Bodum USA Inc and PI Design AG v Trudeau Corporation
2012 FC 1128Successfully represented the respondent Trudeau Corporation in an industrial design infringement action where the Court rejected the plaintiffs’ claim of industrial design infringement and declar...Read More -
Peak Innovations Inc v Meadowland Flowers Ltd
T-1268-08Successfully resisted an appeal regarding the jurisdiction of the Federal Court. -
Inhesion Industrial Co v Anglo Canadian Mercantile Co
6 CPR (4) 362 (FCTD)Successfully resisted summary judgment motion in Federal Court of Canada in copyright case concerning tableware.
Unparalleled Expertise in Industrial Designs Litigation & Enforcement
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Chambers & Partners
Band One Firm: IP Litigation
2020-2024Chambers Canada -
Benchmark Litigation
Ten leading IP litigators
2023Benchmark Canada -
Lexpert
12 lawyers in IP Litigation
2023The Canadian Legal LEXPERT® Directory -
Benchmark Litigation
11 leading IP litigators
2022Benchmark Canada -
Lexpert
13 lawyers in IP Litigation
2022The Canadian Legal LEXPERT® Directory -
Benchmark Litigation
13 leading IP litigators
2020-2021Benchmark Canada -
Lexpert
Ten lawyers in IP Litigation
2021The Canadian Legal LEXPERT® Directory -
Lexpert
9 lawyers in IP Litigation
2020The Canadian Legal LEXPERT® Directory -
Lexpert
Nine lawyers in IP Litigation
2020The Canadian Legal LEXPERT® Directory
Related Publications & Articles
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Effectively using experts in IP Litigation – Part 2: Practise
In intellectual property litigation, the outcome of many high stakes cases has turned on expert testimony.Read More -
A long and winding road: Canada nears the end of an ambitious project to modernize patent, trademark and industrial design laws
On July 30, 2019, Canada acceded to the Patent Law Treaty. This accession marks the near completion of a long and ambitious journey by Canada to modernize its patent, trademark and industrial design l...Read More -
Protection of functional features through industrial designs
In the decision of Zero Spill Systems Inc v Heide, 2015 FCA 115, the Federal Court of Appeal has clarified the scope of industrial design protection for functional features of a useful article.Read More -
Smart & Biggar prevails in precedent-setting case as Court declares Bodum's industrial designs invalid
Summary. On September 26, 2012, the Federal Court of Canada issued its decision in Bodum USA Inc and PI Design AG v Trudeau Corporation (1889) Inc, 2012 FC 1128, the first industrial design infringeme...Read More
Related News & Media
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5 Smart & Biggar lawyers listed in Lexpert Special Edition Litigation 2020
Smart & Biggar is pleased to share that Mark Evans, Gunars Gaikis, Steven Garland, François Guay and Sheldon Hamilton have been recognized once again in the annual Lexpert Special Edition on Litig...Read More -
Benchmark Litigation names Smart & Biggar as Canada’s leading intellectual property litigation firm for sixth consecutive year
Smart & Biggar is again honoured for its outstanding IP litigation strength by being named “Intellectual Property Firm of the Year” by the Benchmark Litigation Canada 2020 awards, announced on May...Read More -
Steven Garland awarded 'IP Litigation Lawyer of the Year' at the Benchmark Litigation Canada Awards 2020
Ottawa managing partner Steven Garland has received the high distinction of Canada's 'IP Litigation Lawyer of the Year' at the Benchmark Litigation Canada 2020 awards, announced on May 28.Read More -
Steven Garland identified as among the ‘Top 50 Trial Lawyers’ in Canada by Benchmark Litigation
Smart & Biggar is pleased to announce that Ottawa partner Steven Garland has been identified by Benchmark Litigation as one of the ‘Top 50 Trial Lawyers’ in Canada.Read More -
Smart & Biggar IP ‘litigation stars’ celebrated for “landmark wins” in 2020 Benchmark Canada Guide
Smart & Biggar is pleased to share that the firm continues to be recommended as a leading firm for Intellectual Property (IP) Litigation in the 2020 Benchmark Canada Guide.Read More -
Chambers Global recognizes Smart & Biggar for “bench strength and quality representation” with Band 1 rankings in Intellectual Property and Intellectual Property: Litigation
Smart & Biggar is pleased to share that the firm continues to lead the market earning rankings as a Band 1 Intellectual Property law firm in the 2020 edition of Chambers Global – The World’s Leadi...Read More -
Smart & Biggar builds on strength as an IP litigation powerhouse with the additions of Noelle Engle-Hardy and Ryan Evans in Toronto
We are proud to welcome Noelle Engle-Hardy and Ryan Evans as the newest members of Smart & Biggar’s highly skilled IP litigation team.Read More -
Smart & Biggar welcomes Evan Nuttall to Calgary as a partner in our IP Litigation practice
We are proud to announce that Evan Nuttall has joined Smart & Biggar as a partner and member of our IP Litigation practice group.Read More