Heather Robertson's practice covers trade-mark prosecution, marketing law and providing advice on pharmaceutical regulatory matters. She regularly assists clients in responding to Access to Information Act requests, provides opinions on patent listing matters, files trade-mark applications, prepares evidence for trade-mark opposition proceedings, and advises on trade-mark litigation matters. She also provides advice on contest rules and general Canadian labelling requirements.
Ms. Robertson works with clients operating within a broad range of industries, including food and beverage, high technology and pharmaceutical companies.
Ms. Robertson is an editor of Canadian ReMARKS, the firms' trade-mark and marketing law newsletter.
Experience
Spirits International B.V. v. BCF S.E.N.C.R.L. 2012 FCA 131
Novopharm Ltd. v. AstraZeneca AB 2006 FC 678
Astrazeneca Canada Inc. v. Apotex Inc. 2005 FC 43
Professional Involvement
Memberships
· Associate, Intellectual Property Institute of Canada
· Member, Toronto Intellectual Property Group
· Member, Canadian Bar Association
Media
Publications
· "Recent decisions provide guidance for the determination of whether a representation in an advertisement is misleading," IP Perspectives, Autumn 2012
· "The not-so-funny side of parody," IP Connections, November/December 2012
· "Spirits International B.V. v. BCF S.E.N.C.R.L. and Registrar of Trade-marks," case brief in Canadian ReMARKS, June 2012
· "The Ontario Court of Appeal expands Canadian privacy law," IP Perspectives, Summer 2012
· "Canadian contests - what you need to know," IP Connections, March/April 2012
· "BBY Solutions, Inc v. Brick Warehouse LP," case brief in Canadian ReMARKS, February 2012
· "'Made in Canada' and 'Product of Canada' claims receive guidance from the Competition Bureau," IP Connections, July/August 2011
· "Canadian Intellectual Property Office news" (co-author: Jeffrey D. Morton), IP Perspectives, Autumn 2010
· "Overcoming Canada's Registration Hurdle" (co-author: Keltie R. Sim), World Trademark Review, February/March 2009, Issue 17
· "The Canadian Regime for Protecting Against Pharmaceutical Trade-mark Confusion and Mistakes" (co-author: Keltie R. Sim), The Trademark Reporter, September/October 2008, Volume 98, No. 5
· "Parody and the law: when is it OK to poke fun?" IP Connections, May/June 2008
· "Update on copyright in Canada," IP Perspectives, February 2008
· "A 'colourful' approach to non-traditional trade-marks," IP Connections, November/December 2007
· "Federal Court Addresses Timing Issues Regarding Motions for Production of Samples in Patented Medicines (Notice of Compliance) Proceedings," Rx IP Update, September 2004
· "Protecting Colour Marks in Canada" (co-author: Keltie R. Sim), The Trademark Reporter, July/August 2004, Volume 94, No. 4
· "Protecting Colour as a Trade-mark" (co-author: Keltie R. Sim), The Lawyers Weekly, April 16 2004, Volume 23, No. 47