Stephen Selznick is a partner in the firm's Intellectual Property Group. His practice is concentrated on corporate and commercial structuring, reorganizations and litigation, involving intellectual property causes.
Stephen represents a myriad of domestic and foreign clients in knowledge based industries, including advertising, marketing, motion picture, television, publishing, recording, theatre, multimedia, electronics, computer software development to systems design and integration, telecommunications, remote sensing and emerging technologies.
Stephen is an adjunct professor of law at Osgoode Hall Law School and has been a guest lecturer at York University's Faculty of Fine Arts, Queen's University Faculty of Law, University of Toronto Faculty of Law, Algonquin College (Ottawa), Ryerson Polytechnical Institute (now Ryerson University) and The George Brown College of Applied Arts and Technology.
Stephen has extensive experience with the purchasing, financing, selling, licensing and restructuring of all forms of intellectual property, including re-organizations, in-bound and out-bound licensing agreements, research and development agreements and co-branding agreements. Has appeared before the Ontario Superior Court, the Commercial List of the Ontario Superior Court, Ontario Court of Appeal, Federal Court, Federal Court of Appeal and numerous tribunals, in intellectual property disputes. Representative cases include:
•Represented Oracle Corporation in the reclamation of its intellectual property rights in its retail and database management systems on the insolvency of the T. Eaton Company (then one of Canada's oldest and largest retailer).
•Represented the producers of Sir Andrew Lloyd Webber's Cats and Joseph and the Amazing Technicolor Dreamcoat in both long run sit-down Toronto productions and subsequent North American tours of those theatrical productions.
•Represented the successful bidders for the management of the Eglin and Wintergarden Theatre Complex in Toronto, Ontario, in their tender bid, financing and ongoing operation of that facility.
•Represented Metro-Goldwyn-Mayer Studios Inc. in their financing and productions of the Seahunt and Outer Limits television series revivals.
•Represented BFC Berliner Film Companie Studio GmbH, BAF Berlin Animation Film GmbH und Co. Produktions KG in the international production service multi-party outsourcing of computer enhanced graphics and animation for the feature length theatrical production of Happily N'Ever After.
•Cineplex Odeon Corp., Re, 26 CBR (4th) 21, 2001 CanLII 28465 (ON SC). Represented Sir Andrew Lloyd Webber and his Really Useful Theatre Company in the insolvency restructuring of Cineplex Odeon Corp. and the reclamation of their rights in Phantom of the Opera, Joseph and the Amazing Technicolor Dreamcoat and other productions.
•Evergreen Canada-Israel Investments Limited v Toronto-Dominion Bank, 1998 CanLII 18458 (CA TMOB), Evergreen Canada-Israel Investments Limited v Toronto-Dominion Bank, 1998 CanLII 18471 (CA TMOB), and Evergreen Canada-Israel Investments Limited v Toronto-Dominion Bank, 1998 CanLII 18480 (CA TMOB). Successfully represented Evergreen Canada-Israel Investments Limited in its series of claims against Toronto-Dominion Bank (now TD Bank) for the latter's use of EVERGREEN as a trade-mark, including the appeal of the decision launched by TD Bank.
•Oracle Corporation v Oracle Service Networks Corporation, 1999 CanLII 19583 (CA TMOB), Successfully represented Oracle Corporation in its claims against Oracle Service Networks Corporation's adoption of ORACLE MEDIA SERVER as a trade-mark in Canada.
•Livent Inc., Re (1998) 45 BLR (2d) 249. Represented Sir Andrew Lloyd Webber and his Really Useful Theatre Company in the insolvency restructuring of Livent Inc. and the reclamation of their rights in Phantom of the Opera, Joseph and the Amazing Technicolor Dreamcoat and other productions.
•Hemosol Corp. (Re), 22 BLR (4th) 58, 2006 CanLII 63699 (ON SC). Represented the purchaser of intellectual property rights in the insolvency of Hemosol Corp., then one of the worlds largest blood product fractionators; including the trial of the issues of the scope of in-bound and out-bound intellectual property rights hold by the insolvent Hemosol Corp.
•Entral Group International Inc. v. MCUE Enterprises Corp., 2006 FC 671 (CanLII). Represented Entral Group as representative plaintiff on behalf of a consortium of U.S. motion picture and recording companies in their successful claim against karaoke copyright infringers and the principals of the corporate infringers..
•Mcue Enterprises Corp. v. Entral Group International Inc., 2006 FCA 289 (CanLII) (Federal Court of Appeal). Successfully represented Entral Group as representative plaintiff on behalf of a consortium of U.S. motion picture and recording companies in the appeal launched by karaoke copyright infringers and the principals of the corporate infringers.
•Represented the international producer and rights holder to the stage play Lord of the Rings in connection with the structuring, production, financing and merchandising of the inaugural $27,000,000 stage production of Lord of the Rings.
•Air Miles International Trading BV v Sea Miles LLC, 2009 CanLII 90465 (CA TMOB). Represented Air Miles International Trading B.V. in its successful clams against SeaMiles LLC and the latter's improper adoption of the trade-mark SEA MILES in association with a consumer loyalty coalition marketing program.
•SeaMiles LLC v. Air Miles International Trading B.V., 2009 CanLII 82135 (CA TMOB), SeaMiles LLC v. Air Miles International Trading B.V., 2009 CanLII 82157 (CA TMOB), SeaMiles LLC v. Air Miles International Trading B.V., 2009 CanLII 82145 (CA TMOB), SeaMiles LLC v. Air Miles International Trading B.V., 2009 CanLII 82150 (CA TMOB), SeaMiles LLC v. Air Miles International Trading B.V., 2009 CanLII 82148 (CA TMOB), SeaMiles LLC v. Air Miles International Trading B.V., 2009 CanLII 82149 (CA TMOB), SeaMiles LLC v. Air Miles International Trading B.V., 2009 CanLII 82151 (CA TMOB), SeaMiles LLC v. Air Miles International Trading B.V., 2009 CanLII 82153 (CA TMOB), SeaMiles LLC v. Air Miles International Trading B.V., 2009 CanLII 82154 (CA TMOB). Successfully represented Air Miles International Trading B.V. is the defence of its trade-mark portfolio in claims brought against it by SeaMiles LLC.
•Air Miles International Trading B.V v. TaxiMiles Inc., 2010 TMOB 62 (CanLII). Represented Air Miles International Trading B.V. in its successful clams against TaxiMiles Inc. and the latter's improper adoption of the trade-mark TAXI MILES in association with a consumer loyalty coalition marketing program.
•Air Miles International Trading B.V. v. Deutsche Lufthansa AG, 2010 TMOB 198 (CanLII). Represented Air Miles International Trading B.V. in its successful clams against Deutsche Lufthansa AG and the latter's improper adoption of the trade-mark MILES & MORE in association with a consumer loyalty coalition marketing program.
•Air Miles International Trading BV v Rent Check Corporation, 2011 TMOB 253 (CanLII). Represented Air Miles International Trading B.V. in its successful clams against Rent Check Corporation and the latter's improper adoption of the trade-mark RENT MILES in association with a consumer loyalty coalition marketing program.
•Air Miles International Trading BV v Cathay Pacific Airways Limited, 2012 TMOB 80 (CanLII), Represented Air Miles International Trading B.V. in its successful clams against Cathay Pacific Airways Limited and the latter's improper adoption of a group of five ASIA MILES trade-marks (in word and design formats) in association with a consumer loyalty coalition marketing program (decision currently under appeal by Cathay Pacific Airways Limited).
•Successfully represented Air Miles International Trading B.V. in unreported cases against third party use of AWARD MILES, BONUS MILES, NEVER MISS A MILE, MILES METER, MORE MILES, GIFT MILES, ASIA MIES TOP UP, CARE MILES, E MILES, LIFEMILES, HEALTH MILES, NO HASSEL MILES, JETSMILES, MAXIMILES, EYE MILES, CYCLEMILES, RIDE MILES, PREMIER MILES, THE BLUE MILE, TV MILES, MORE MILES MORE MEMORIES, PHONEMILES, ROAD MILES, MILE POSTS, CRUSE MILES, BELAIR MILES, HOTEL MILES, SLEEP MILES, STAYMILES, PERSONAL MILES, DOCUMILES, CLICKMILES, TRAVEL LODGE MILES, CRUISE MILES, EUROMILES, SUPERMILES, AIRPOINTS and WORLDMILES.
•Represented a major market innovator of shopping cart based and wireless value added retail shopping solutions in the development and implementation of an international intellectual property protection and enforcement strategy for their novel apparatus, processes and business methods, and in in-bound and out-bound licensing, manufacturing, service agreements and rights enforcement.
•In Re Summitt Energy Management Inc. EB-2010-0221, In Re Summitt Energy Management Inc. EB-2011-0316 and Summitt Energy Management Inc. v. Ontario Energy Board, 2013 ONSC 318 (Ontario Div Court) (CanLII) Represented energy supplier and retailer Summitt Energy Management Inc. in the defence of agent conduct claims before the Ontario Energy Board and the Ontario Divisional Court.
•Kraft Canada Inc. v. Summitt Energy Management Inc. and Summitt Energy LP, Ontario Superior Court Acton No. CV10-396975. Represented Summitt Energy Management Inc. and Summitt Energy LP in the successful resolution of misleading representation allegations in the commercial sale of energy.
•Part of a team representing Intel Corp. on its bid for the 4 billion dollar Nortel wireless patent portfolio in the cross-border Canadian and U.S. insolvency and restructuring of Nortel Corporation
•Part of a team representing a consortium of U.S. motion picture and recording companies in the successful reclamation of their intellectual property portfolios on cross-border Canada- U.S. insolvency of Blockbuster Video.
•Hobby Star Marketing Inc. v. Zuffa LLC and Reed Exhibitions Limited Federal Court Action No. T-720-11. Represented Defendants Zuffa LLC (the promoters of UFC - Ultimate Fighting Championships - and one of the worlds largest purveyors of mixed martial arts events) and Reed Exhibitions Limited, a subsidiary of Reed Elsevier, in the successful defence and resolution of multimillion dollar claims advanced by the Plaintiff in connection with the Defendants' use of the term FAN EXPO CANADA.
•Part of a team representing Apogee Enterprises, Inc. in its $52 million acquisition of Toronto-based aluminum fabricator Alumicor Limited, including the target's intellectual property and trade secret portfolio
•The Devil's Martini, Inc. v 1713703 Ontario Inc., 2014 TMOB 69 (CanLII) and The Devil's Martini, Inc. v 1713703 Ontario Inc., 2014 TMOB 68 (CanLII). Successfully represented the trade-mark applicants in these two Trade-mark Opposition Board proceedings, enabling the Applicants to advance their trade-marks DIRTY MARTINI and DIRTY MARTINI (& design) to registration.
•Part of a team that represented Ecosynthetix Inc., a developer of biologic polymers, in its $100 million initial public offering.
•Part of a team that representing the Unsecured Creditors Committee in the billion dollar cross-border Canada and U.S. insolvency of Terrastar Networks Inc., a provider satellite retransmission facilities in the telephony and digital communications industry, and the sale of assets of the insolvent to Dish Networks.
•Part of a team representing Warner Home Video and its related entities in the negotiation, conclusion and securitization of its worldwide outsourcing of the disc and media production, packaging and physical distribution of its film, television and music library to Technicolor.
•Represents Canadian Tire Corporation, Limited in the insolvency and restructuring of Piloti, Inc. and the acquisition of the latter's shoe patent portfolio and trade-mark family.
•Represents Canadian Tire Corporation, Limited, one of Canada's oldest and largest retailers in the defence of third party patent and trade-mark infringement claims.
Stephen acted as a consulting editor of Paul Sanderson's book Musicians and the Law in Canada. He is a frequent speaker on intellectual property matters, has spoke on cross-border enforcement of intellectual property rights for the American Bar Association, has presented and published papers on grey market issues before the Canadian Cosmetic, Toiletry and Fragrance Association and the International Anti-Counterfeiting Coalition, on computer crime and fraud before the Institute of Internal Auditors, on copyright Reform for The Society of Composers, Authors and Publishers of Canada, on enforcement of copyrights and trademarks, and on e-discovery issues for IntelPro (Thomson & Thomson) and Federated Press educational symposiums, on e-discovery and digital rights issues for Federated Press, and on new media financing at the Banff International Television Festival and New Media Institute.
•Dean's Honour List (University of Toronto)
•Dean's Honour List (University of Western Ontario)
•Arthur Wentworth Roebuck Prize (Law Society of Upper Canada)
•Certified Licensing Professional
•Martindale-Hubbell, AV Distinguished rating
•Named one of Canada's top lawyers in 2012 by Lawyers Weekly's In-House Counsel Magazine
•Has served as Canadian representative on the Appeals, Ethics and Discipline Committee of Certified Licensing Professionals licensing body
Publications, Newsletters and Articles
Bollywood North Now Open for Business: Introducing the Canada-India Coproduction Treaty
Canada's New Trademarks Act: What it Means for You
Canada's New Trademarks Act Receives Royal Assent
Industry Canada Blocks Sale of Allstream Due to National Security Concerns
CRTC Approves Bell-Astral Merger and Catches a Glimpse of the Future of Consolidation and Concentration
Canada's Proposed Combating Counterfeit Products Act - A First Step in the Right Direction
Water Heater Companies in Hot Water: Competition Bureau Seeks $25 Million Administrative Monetary Penalties
An Overview of Canadian Tax Credits for Non-Indeginous Film and Television Production
Conferences, Speaking Engagements, Events
Cassels Brock A Proud Sponsor of the ESLA Annual Conference
Stephen Selznick Co-Course Leader at Federated Press' E-Discovery for Government Course
Stephen Selznick Presents Challenges Presented by Digital Distribution of Content
Stephen Selznick Discusses New Media Economies at Euphoria & Dystopia 2013
Stephen Selznick Presents Addressing the Legal Challenges of Distribution in the Digital Age
Stephen Selznick Teaches Course on Entertainment & Sports Law at Osgoode Hall
Stephen Selznick and David Goldstein to Teach Entertainment and Sports Law for 2011-2012 Term
PRO BONO/COMMUNITY INVOLVEMENT
•Former Chairperson of the Small Business Administration Advisory Committee to the faculty and Board of Governors of The George Brown College of Applied Arts and Technology
•Former member of the Multi Media Advisory Panel for New Media Institute at the Banff Centre
•Board of Directors of the Community Hebrew Academy of Toronto (CHAT), one of the world's largest multi-campus Jewish high schools
•Bridge Officer of the Canadian Power and Sail Squadron, the largest Canadian recreational boating association
•Former Treasurer and Board member for the Bialik Hebrew Day School in Toronto
Apogee Enterprises Announces its Acquisition of Toronto-based Alumicor Limited
In The News
Cassels Brock Lawyers Named Among the Top Lawyers 2012
Cassels Brock A Proud Sponsor of the ESLA Annual Conference
Stephen Selznick Co-Course Leader at Federated Press' E-Discovery for Government Course
Stephen Selznick Presents Challenges Presented by Digital Distribution of Content (Also at Vancouver, BC Office)