Safeguarding exclusive rights from copyright infringement
In a highly competitive economy, copyrighted works, content and properties can be vulnerable to misappropriation and copying.
Strong and effective copyright enforcement requires a focused and strategic approach that is tailored to each unique situation in combination with sophisticated experience and expertise.
We represent clients across a range of industries from luxury goods to high-tech, from the publishing industry to leading movie studios and associations, providing unmatched copyright litigation advice on a wide range of content including software, literature, photography, music, architectural works, video, film, product designs, television broadcasts and telecommunications.
Our highly specialized lawyers are a dominant force in copyright enforcement and know what it takes to win in high-stakes IP litigation. Our accomplished and formidable team of litigators ensure effective enforcement of copyrights against infringement through skilled negotiation and mediation, cease and desist demands, take down of infringing content, search and seizure orders, pre-trial and permanent injunctions, and powerful and targeted litigation strategies.
We routinely handle Canada’s most commercially important and technically complex intellectual property cases. We have represented clients in the Supreme Court of Canada on more than 50 occasions, We have obtained numerous precedent-setting judgments on behalf of our clients in trial and appellate matters, and have obtained record-setting copyright damages awards. And we have been chosen as Canada’s IP Litigation Firm, for five consecutive years, by Benchmark Canada. With our global network and vast experience in multijurisdictional cases, we provide our international clients with skilled cross-border copyright litigation and coordination of litigation strategies worldwide.
Key Contacts
Client Success
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Bell Media Inc. et al v Goldtv.biz et al., 2019 FC 1432 (Federal Court)
Successfully represented copyright owners in obtaining the first site-blocking Order to be issued by a Canadian Court compelling Canada’s primary Internet service providers (ISPs) to block their...Read More -
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Keatley Surveying Ltd v Teranet Inc
2019 SCC 43Represented the intervenor the Land Title and Survey Authority of British Columbia on an appeal before the Supreme Court of Canada considering the issue of the ownership of copyright by the Crown in p...Read More -
Lainco Inc v Commission Scolaire Des Bois-Francs et al
2017 CF 825|2018 FC 186Successfully represented the plaintiff at trial in this case in which the Federal Court confirmed that the plaintiff’s steel structure for an indoor soccer complex could benefit from copyright p...Read More -
Bell Canada v Lackman
2018 FCA 42Successfully represented Bell, Rogers and Québecor in obtaining and enforcing an Anton Piller order and interim injunction against the operator of one of the world’s largest online platfo...Read More -
Paramount Pictures Corporation et al v David Lemarier et al
T-1679-15Successfully obtained and executed an interim injunction and Anton Piller Order against the developers and operators of software providing unauthorized access to motion pictures to millions of users w...Read More -
Vincent Wesley (Mtlfreetvcom) v Bell Canada et al
2017 FCA 55Successfully represented Bell, Rogers and Québecor in having the Federal Court of Appeal uphold the interlocutory injunction issued as 2016 FC 612.Read More -
Nintendo of America Inc v King et al
2017 FC 246Successfully represented Nintendo in an application for trademark infringement, copyright infringement and circumvention of technological protection measures (TPMs).Read More
Unparalleled Expertise in Copyright Litigation & Enforcement
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MIP
Tier One Firm for Copyright Law
2020IP Stars Handbook: Trademark & Copyright -
Lexpert®-Ranked
9 lawyers in IP Litigation
2020The Canadian Legal LEXPERT® Directory -
Benchmark Litigation
Thirteen leading IP litigators
2020Benchmark Canada -
MIP
Canadian Impact Case of the Year
2020Managing IP Americas Awards -
Chambers & Partners
Band One Firm: IP Litigation
2020Chambers Canada -
MIP
Canadian Copyright Firm of the Year (Shortlisted)
2017 & 2018Managing IP Americas Awards -
MIP
Canadian Copyright Firm of the Year
2009-2010Managing IP Americas Awards
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 -
Ontario Court finds room for fair dealing in documentary on The Room
Recently the Ontario Superior Court of Justice dismissed an action for copyright infringement brought against the makers of a documentary that used clips from the notorious movie The Room.Read More -
A Step Towards Canadian Ratification of "NAFTA 2.1"
Bill C-4, entitled An Act to implement the Agreement between Canada, the United States of America and the United Mexican States was tabled in the Parliament of Canada on January 29, 2020.Read More -
Effectively using experts in IP Litigation – Part 1: Theory
In IP litigation, expert testimony is common and important. Experts may provide the court with a scientific primer in highly complex cases.Read More -
Federal Court issues unprecedented site-blocking order requiring Internet Service Providers to impede access to piracy services
On November 15, 2019, the Federal Court issued an Order compelling Canada’s primary Internet service providers (“ISPs”) to block their subscribers from accessing two Internet services that distribute ...Read More -
Smart & Biggar intervenes before the SCC on behalf of the Land Title and Survey Authority of British Columbia in copyright infringement class action suit against Teranet
Steven Garland, Theodore Sum, Laura Easton and Matt Campbell intervened on behalf of the Land Title and Survey Authority of British Columbia in the appeal of Keatley Surveying Ltd v Teranet Inc before...Read More -
New Bill C-86 introduces many more changes to IP laws
On October 29, 2018, the Canadian Government introduced Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures.Read More -
Media pirates walk the plank: extraordinary remedies against copyright infringers in Canada
In most jurisdictions, copyright owners often face numerous challenges when seeking to enforce their rights against media pirates.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 Litigatio...Read More -
Guillaume Lavoie Ste-Marie joins virtual panel for “Copyright Earthquakes or Minor Tremors? Site Blocking and Reverse Class Actions” at 2020 IPIC Annual Conference
Smart & Biggar is pleased to sponsor the 2020 IPIC virtual conference taking place from October 1-2, 2020. IPIC’s Annual Conference provides an opportunity for members of the IP community to learn abo...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 28.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 -
Smart & Biggar co-hosts webinar with ACC Ontario: “What every in-house counsel needs to know about Intellectual Property law”
On Wednesday, May 27, Smart & Biggar, in partnership with ACC Ontario will host the webinar “What every in-house counsel needs to know about Intellectual Property law” to discuss the ins and outs of I...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 -
Smart & Biggar earns ‘Canadian Impact Case of the Year’ for Bell Media et al. v John Doe dba GoldTV in MIP Americas Awards
Smart & Biggar is proud to be awarded ‘Canadian Impact Case of the Year’ for our work on Bell Media et al. v John Doe 1 dba GoldTV.biz at the MIP 2020 Americas Awards.Read More