Safeguarding your company’s most valuable asset: intellectual property
The effective and coordinated protection of IP rights is vital in the fight against IP crime.
IP crime, including counterfeiting and piracy, is an international problem on a massive and growing scale.
Product counterfeiting and copyright piracy affects virtually all areas of industry involving all types of products. Our highly specialized lawyers are among the most prominent and experienced in fighting IP crime in Canada. From representing world leaders in luxury goods and apparel to motion picture studios and associations, from video games to television broadcasters, from software to pharmaceuticals, we have a deep history in successfully representing clients in anti-counterfeiting matters.
With decades of experience appearing before federal and provincial courts in intellectual property matters, we have developed efficient and unique approaches in the fight against IP crime that are targeted and focused to fit each of our client’s individual needs. We have obtained precedent-setting damages and restitution orders against counterfeiters, and have vast expertise in coordinating wide-ranging search and seizure orders, taking down pirated content, obtaining pre-trial and permanent injunctions and related contempt orders. We have significant experience in lobbying for improvement in Canada’s anti-counterfeiting and anti-piracy laws and policies to help better protect the interests of our clients, and we work in training and coordinating activities with investigators and customs and law enforcement officials.
With our vast network of anti-counterfeiting contacts worldwide and our experience in multijurisdictional cases, we provide skilled and coordinated cross-border and global strategies to fiercely protect our clients’ valuable IP rights theft, piracy and counterfeiting, and we have been recognized by Benchmark Canada for five consecutive years as Canada’s IP Litigation Firm of the Year.
Key Contacts
Client Success
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Microsoft Corp c 9038-3746 Québec Inc
2010 FCA 151Represented Microsoft, the respondent (plaintiff) in this software counterfeiting case. The appellant (defendant) pleaded guilty to two charges of contempt of court for selling Microsoft counterfeit s...Read More -
Louis Vuitton Malletier SA v 486353 BC Ltd
2008 BCSC 799Obtained one of Canada's largest monetary judgments against counterfeiters.Read More -
Microsoft Corp v Cerrelli
2007 FC 1364Represented Microsoft, which was awarded half of its costs on an exceptional solicitor/client basis considering that the defendants’ conduct in the software counterfeiting action was tinted with bad f...Read More
Unparalleled Expertise in IP Crime & Anti-Counterfeiting
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Benchmark Litigation
Thirteen leading IP litigators
2020Benchmark Canada -
WTR
Six leading trademark practitioners
2019World Trademark Review 1000 – The World’s Leading Trademark Professionals -
Who's Who Legal
Four leading trademark practitioners
2019Who's Who Legal: Trademarks -
WTR
Six Leading Trademark Practitioners
2018World Trademark Review 1000 – The World’s Leading Trademark Professionals -
WTR
Six Leading Trademark Practitioners
2015World Trademark Review 1000 – The World’s Leading Trademark Professionals -
WTR
Six Leading Trademark Practitioners
2014World Trademark Review 1000 – The World’s Leading Trademark Professionals -
WTR
Six Leading Trademark Practitioners
2013World Trademark Review 1000 – The World’s Leading Trademark Professionals -
WTR
Seven Leading Trademark Practitioners
2012World Trademark Review 1000 – The World’s Leading Trademark Professionals -
WTR
Seven Leading Trademark Practitioners
2011World Trademark Review 1000 – The World’s Leading Trademark Professionals
Related Publications & Articles
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Yes, CIPO really will be writing to your client instead of to you
If you filed a Madrid application on behalf of your client, and designated Canada, you should have received a “Courtesy Letter” from the Canadian Intellectual Property Office (CIPO).Read More -
Canada introduces Bill C-100: A step towards ratification of “NAFTA 2.0”
In a step towards ratifying the Canada-United States-Mexico Agreement (CUSMA), the Canadian government introduced Bill C-100, entitled “An Act to implement the Agreement between Canada, the United Sta...Read More -
USMCA v NAFTA: What’s changed and what it means for IP in Canada
After more than a year of negotiations, Canada reached a new free-trade agreement with Mexico and the United States minutes before the midnight deadline on September 30, 2018.Read More -
Canada introduces reporting mechanism for dangerous counterfeit goods, helping rights holders protect their brands at the border
Recently, the Canada Border Services Agency (CBSA), the federal organization responsible for policing Canada’s borders, issued a Customs Notice (CN17-27) to advise the public and rights holders that i...Read More -
Domain name solicitation fraud – brand owners beware
It is a modern reality that with brand ownership comes the risk of trademark and domain name fraud. In this area, there has recently been a rise in email scams targeting brand owners by falsely claimi...Read More -
The top ten reasons to register your brand in Canada. Now!
Canada is a critically important market for brand owners, particularly for those looking to break into North America and capitalize on Canada’s strong trade relationship with the U.S. If your brand pr...Read More -
Federal Court issues interlocutory injunction directed at retailers of set-top boxes loaded with copyright infringing applications
On June 1, 2016, Madam Justice Tremblay-Lamer of the Federal Court issued an interlocutory injunction against retailers of set-top boxes that are configured, or “pre-loaded”, with various applications...Read More -
New guidance on the role of the Canada Border Services Agency in combating counterfeiting and piracy at the Canadian border
On November 2, 2015, a much awaited official memorandum was released by the Canada Border Services Agency on the new border provisions which provide customs authorities with the ability to detain susp...Read More
Related News & Media
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Graham Hood discusses Global Anticounterfeiting Enforcement at the AASA Aftermarket IP Forum
Toronto partner Graham Hood will speak at the Aftermarket IP Forum, presented by the Automotive Aftermarket Suppliers Association (AASA) in partnership with INTA 2020.Read More -
Four Smart & Biggar partners ranked among the best of the best as WTR Global Leaders
Smart & Biggar is pleased to share that four partners have been listed among the world’s most notable trademark practitioners in the second edition of World Trademark Review (WTR) Global Leaders.Read More -
Smart & Biggar, “the leading IP boutique in the trademarks space,” ranks as Gold Tier for Canadian trademarks in WTR 1000
Smart & Biggar comes out on top with a ‘gold tier’ ranking for Canadian trademarks in the 2020 World Trademark Review 1000 (WTR 1000) – The World’s Leading Trademark Professionals.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 Leading L...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 three new Partners and a new Counsel for 2020
The partners of Smart & Biggar LLP and Smart & Biggar IP Agency Co. are pleased to welcome Graham Hood, Lei Liu and Patrick Roszell to the partnership of the two firms.Read More -
5 Smart & Biggar lawyers attend IPO Annual Meeting in Washington, D.C.
Smart & Biggar partners, Daphne Lainson, Nancy Pei, Matthew Zischka and Jean-Sébastien Dupont, with associate, Artemis Lai, will travel to Washington, D.C. to attend the 47th Annual Meeting of the Int...Read More -
Smart & Biggar’s trademark team joins colleagues from around the world at INTA
Smart & Biggar is pleased to announce that thirteen of our trademark partners, counsel and senior associates will travel to Boston, MA to attend the 141st International Trademark Association (INTA) An...Read More