Detail-oriented, strategic and passionate advocate
Noelle combines her technical knowledge of the law with a strong business background to provide practical and savvy solutions to her clients’ problems.
Noelle has broad experience in a variety of intellectual property areas including trademarks, copyright and digital media, industrial designs, marketing and advertising, and patent law. Her practice centers on intellectual property disputes and litigation in a variety of industries including alcohol, food and beverage, luxury goods, clothing and cosmetics, consumer packaged goods, cannabis, casino and real estate development, franchise and fine art.
As a registered trademark agent, Noelle prosecutes applications before the Canadian Intellectual Property Office and conducts proceedings before the Trademarks Opposition Board. She counsels clients on protection and enforcement strategies and has negotiated and drafted a variety of complex domestic and international commercial agreements. With respect to advertising and marketing, Noelle is a trusted expert in regulatory compliance concerning alcohol labeling and licensing, and consumer product packaging in Canada.
Litigator with a high standard of excellence
Noelle’s litigation practice focuses on trademark and copyright disputes. She is a trusted and tireless advocate for domestic and international brand owners and combines her deep technical knowledge of trademark law with a pragmatic and business-focused approach to solve her clients’ complex intellectual property issues.
Noelle has acted:
- as Canadian counsel in multi-jurisdictional trademark litigation on behalf of a luxury menswear brand;
- before the Opposition Board, Federal Court and Federal Court of Appeal on behalf of brand owners of distilled and brewed alcoholic beverages, consumer packaged goods, as well as celebrity brand licensors;
- in Federal and provincial courts on behalf of commercial real estate developers;
- before the Federal Court as counsel for international men’s, women’s and children’s clothing and accessories brands;
- in provincial courts on behalf of inventors and manufacturers of athletic and acoustic sound attenuating flooring;
- as counsel in chemical and mechanical patent litigation, where she prepared and reviewed expert-witness reports and related evidence;
- as counsel in multiple proceedings before the Canadian Copyright Board.
History of achievement in the sciences
Noelle obtained her LL.M. from the University of Toronto and focused her thesis on obviousness as a policy lever for gene patents. She graduated cum laude from the DePaul University College of Law where she served on the Jessup International Moot Court team and was editor of the DePaul Journal of Women, Gender and Law. She was also a three-time recipient of the Dean’s Merit Scholarship. Noelle holds a B.A.Sc. from McGill University in Biomedical Science, with a specialization in microbiology and immunology.
Before joining Smart & Biggar, Noelle was a highly successful practitioner in the intellectual property and business law groups of a prestigious full-service firm.
- Industry Involvement
- In the Media
- "Litigation, Oppositions and Non-Use Cancellation Proceedings: Effective strategies to protect and defend your marks in Canada" (with Mark Evans), Smart & Biggar Webinar, June 2021
- “Brand protection in the digital economy – beyond the basics”, (with moderator Brigide Mattar and Stéphanie Girard), BDC Capital Women in Technology Venture Fund and Smart & Biggar Webinar, March 24, 2021
- Panellist, The 13th Annual Harold G. Fox IP Moot, virtual, February 19-20, 2021
- "Navigating the Evolving World of Online Trademark Use", webinar, Toronto Intellectual Property Group (TIPG), November 11, 2020
- Member, International Trademark Association; member of the Amicus Committee
- "An Amicus Call to Action in Canada—And a Novel Approach to Intervention", (co-authors: Nancy A. Miller, Mark L. Robbins), International Trademark Association (INTA) Bulletin, Jun 23, 2021