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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Coopérative de cablôdistribution Hill Valley v Groupe TVA inc
2023 QCCS 4586Smart & Biggar successfully represented the Defendants in having the Court dismiss Hill Valley's request for an injunction.Read More -
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 subsc...Read More -
Badawy v 1038482 Alberta Ltd
2019 FCA 150 -
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 protect...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 platform for the di...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
Unparalleled Expertise in Copyright Litigation & Enforcement
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MIP
Tier One Firm for Copyright Law
2020-2024IP Stars: Copyright & related rights -
Chambers & Partners
Band One Firm: IP Litigation
2020-2024Chambers Canada -
MIP
Canadian Impact Case of the Year
2020-2023Managing IP Americas Awards -
Benchmark Litigation
Ten leading IP litigators
2023Benchmark Canada -
Lexpert®-Ranked
12 lawyers in IP Litigation
2023The Canadian Legal LEXPERT® Directory -
Benchmark Litigation
11 leading IP litigators
2022Benchmark Canada -
Lexpert®-Ranked
13 lawyers in IP Litigation
2022The Canadian Legal LEXPERT® Directory -
Benchmark Litigation
One Trademark Litigator of the Year
2021Benchmark Canada Awards -
Benchmark Litigation
13 leading IP litigators
2020-2021Benchmark Canada -
Lexpert®-Ranked
Ten lawyers in IP Litigation
2021The Canadian Legal LEXPERT® Directory
Related Publications & Articles
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Protecting trade secrets and confidential business information in Canada
This article explains how trade secrets and confidential business information are understood and protected in Canada, and offers businesses operating in Canada a selection of best practice insights fo...Read More -
No parley for pirates: Federal Court (Canada) grants innovative remedy to combat sports piracy
In Rogers Media Inc et al v John Doe 1 et al, 2024 FC 1082, the Federal Court (Canada) issued the first site-blocking judgment allowing the applicants to simultaneously protect live content in multipl...Read More -
False alarm: the risks of groundless online takedown complaints
A recent Canadian decision highlights the risks associated with filing tenuous and unjustified takedown complaints that result in harm to competitors. In Keezio Group, LLC v The Shrunks’ Family Toy Co...Read More -
Canadian IP Litigation 2023: Year in Review
The year 2023 witnessed several developments in Canadian IP litigation. From summary judgment finding its limits to the denial of a permanent injunction for the first time in almost three decades, sev...Read More -
Federal Court of Canada launches specialized Intellectual Property Chambers pilot project
With the creation of specialized Chambers in the Federal Court, parties can be confident that judges assigned to their intellectual property matters in Canada will have intellectual property expertise...Read More -
Who owns AI-generated creations – and why you should care
Canadian IP Voices: Episode 26
Guillaume Lavoie Ste-Marie spoke on the topic of Artificial Intelligence (AI) and IP protection for AI-generated works as a guest on Canadian IP Voices, an official podcast produced by the Canadian In...Read More -
Trademark troll loses registration after appropriating well-known mark
The Federal Court of Canada has ordered a B.C. man’s trademark registration be expunged for “bad faith” after finding it was filed solely for the purpose of resale. This is the first decision in Canad...Read More -
Generative art NFTs - what brand owners need to know about copyright protection
In this article, we examine the IP impacts of this trend and look at whether copyrights may subsist in generative art NFT collections in Canada.Read More
Related News & Media
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Meika Ellis in CBC News on infringement of Indigenous designs by online shopping giants
In a recent interview with CBC News, Associate Meika Ellis discusses the complexities that Indigenous artists commonly face in protecting their designs when selling products online.Read More -
Smart & Biggar shortlisted in nine categories including ‘Americas Firm of the Year’ in the Managing IP Americas Awards
Smart & Biggar is proud to share that the firm has been included on the shortlist once again for the Managing IP America Awards, reflecting our market leadership in Canada for IP services.Read More -
Smart & Biggar receives Managing Intellectual Property's highest ranking in all practice areas in 2022
Smart & Biggar is proud to share that we have been recognized as a Tier 1 firm in all practice areas in Managing Intellectual Property (MIP) IP Stars, Canada 2022.Read More -
Smart & Biggar honoured as Canada’s leading intellectual property litigation firm for the eighth consecutive year at the Benchmark Litigation Canada Awards
Smart & Biggar is thrilled to be named “Intellectual Property Litigation Firm of the Year” once again at the 2022 Benchmark Litigation Canada Awards. The award was announced at an in-person gala a...Read More -
Smart & Biggar tops the charts in Canadian IP as Tier 1 across copyright, patents and trademarks in the 2021 Managing IP: IP Stars Guides
Smart & Biggar is pleased to share that Managing Intellectual Property (MIP) has ranked the firm as Tier 1 in all firm-wide categories in the 2021 IP Stars Guide — Copyright & related rights, ...Read More -
Smart & Biggar stands out with 17 leading lawyers and agents recognized in Who's Who Legal: IP 2021
Smart & Biggar is pleased to share that 17 of our practitioners are listed in the inaugural edition of Who’s Who Legal: IP as being among the world’s leading lawyers and agents in trademarks, pat...Read More -
Smart & Biggar welcomes articling student Audrey Berteau in Montréal
Smart & Biggar is pleased to welcome articling student Audrey Berteau to our team in Montreal.Read More -
Smart & Biggar “revered” for “landmark wins” in patents, trademarks and copyright in 2021 Benchmark Canada Guide
Smart & Biggar is pleased to share that Benchmark Litigation has honoured the firm once again as a leader in Intellectual Property (IP) Litigation.Read More