It embodies rugged individualism, an outlaw spirit, and noise-polluting machismo.
Lipkus is also the co-author of the following publications, amongst others: Forms and Precedents LexisNexis, In addition to the lectures, publications and training sessions Mr. Lipkus conducts in the intellectual property area, he is a published author and lecturer on both franchise litigation and the execution of judgements.
He has been qualified as an expert in the identification of counterfeit merchandise in several cases before the Federal Court of Canada. Louis Vuitton Malletier S.
Bhatia et al May 13, Mr. Bhatia et al March 23, Mr. Moroccanoil Israel Ltd v Lipton, FCMoroccanoil succeeded in its motion for summary judgement relating to the infringement of its registered trade-marks against one of the Defendants, Edward Sivitilli.
Sivitilli who filed a statement of Defence, denying the allegations. Moroccanoil established the claims through affidavit evidence, including that the product sold in association with it trade-marks were counterfeit, and that harm and damage was caused by the offering for sale of the counterfeit product.
Damages were assessed and awarded. The court granted summary judgment in favour of the Plaintiffs for trademark infringement and awarded damages, including punitive damage, injunctive relief and ordered the delivery up of infringing merchandise.
The Court was satisfied the matter could proceed on a motion for summary judgement notwithstanding conflict in some evidence. In determining the damage award, the Court noted that where Defendants provide no records to substantiate the manufacture and sale of counterfeit wares, it is difficult to assess damages.
In spite of that the Court, in awarded damages, applied a minimum compensatory damage award on a per infringing activity basis. The court reaffirmed that while security for costs will generally be required if one of the conditions listed under Rule 1 is met, the Court retains discretion to deny a request, in which it did in this case.
The Plaintiff, whom we acted for, being a company incorporated pursuant to the laws of Israel and ordinarily resident outside Canada, established that security for costs should not issue against it because, in part, it is the owner, in Canada, of a registered trade-mark; it has a distribution network in Canada, and as a result, it is owed significant monthly receivables within a Canadian company.
Calvin Klein Trademark Trust v. Successfully stopped defendants from setting aside default judgment and vacating writs. Court clarified that a simple denial of the allegations in a claim, without offering some evidence to show that the defence has some merit, such as an affidavit from the supplier attesting that the goods were manufactured under license, does not meet event the low threshold for showing that a prima facie defence is available.
Doe,  2 F. Nintendo of America Inc.
Laco Sac et al, unreported Court File No. T — December 10, [application of principles of minimum compensatory damage awards for conduct pre-dating and post-dating notice of infringing conduct i.
Woody World Discounts Ltd.Founding Partner. Lorne M. Lipkus is a founding partner in the Toronto, Ontario, law firm of Kestenberg Siegal Lipkus LLP..
He practices throughout Canada in the area of intellectual property litigation with a principle focus on protecting the intellectual property and the intellectual capital of his clients.
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