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Dale Schlosser

Counsel

Dale was called to the bar of Ontario in 1992 after obtaining his law degree, LLB, from York University (Osgoode Hall Law School) and a B.Sc. (First Class Honours Chemistry) from the University of New Brunswick. Dale is counsel in intellectual property matters and “food law” such as disputes with the Canadian Food Inspection Agency. Dale has appeared before the Superior Court of Justice of Ontario, Federal Court, Federal Court of Appeal and advocacy before the Trade Marks Opposition Board. Dale was previously a partner and chair of the intellectual property group at a national law firm and has written numerous articles on various aspects of intellectual property including patent disclaimers, use of trademarks with services and appeals of orders of prothonotaries in Federal Court.

Education

  • B.Sc., University of New Brunswick
  • LL.B., York University (Osgoode Hall Law School)

Bar Admission

  • Ontario, 1992

Dale Schlosser

My recent cases

Section 45 proceedings before the Trademarks Office regarding the trademark CHICO owned by Bedessee Imports Ltd. Result: Registration maintained for all of the goods in the registration.

This was an appeal of a decision on a motion to strike certain portions of Bell Canada's Statement of Defence and Counterclaim. Initially the case management judge struck portions of Bell Canada's claims against our clients, the Plaintiffs/Defendants by Counterclaim and Aird & Berlis. That decision was appealed by Bell Canada. The Federal Court judge dismissed the appeal and determined that the case management judge was correct in dismissing certain claims against the Plaintiffs/Defendants by Counterclaim and Aird & Berlis including claims related to alleged misuse of copyright and unlawful means conspiracy.

Motion to strike portions of the Amended Statement of Defence and Counterclaim w.r.t. ss. 41.25 and 41.26 of the Copyright Act.

Trademark expungement case regarding Registration Nos. TMA617,580 and TMA638,321 (TUSCANI)

Trademark  expungement case regarding Registration No. TMA381,146 (LIMCA)

Appeal of a trademark expungement case regarding Registration Nos. TMDA22577 and UCA44562 (HORLICKS)

Patent infringement regarding Patent No. 2,743,326 (daptomycin)

Trademark opposition case regarding Registration No. 1,691,811 (INSTA-LOC)

Trademark infringement action against the owner of a s. 9 mark

Trademark expungement regarding Registration Nos. TMDA22577 and UCA44562 (HORLICKS)

Trademark expungement regarding Registration No. TMA400474 (RED BARN)

Interlocutory decision in a trademark infringement action

Patent infringement case regarding Patent No. 2,677,529 (Mobile Airborne Contaminant Control Chamber)

Application under the old Patented Medicines (Notice of Compliance) Regulations regarding Patent No. 2,261,630 (infliximab).

Trademark opposition case regarding Registration No. 1,172,524 (DEMERARA)

Trademark infringement case regarding Registration No. TMA 624,752 (PINK)

Trademark opposition case regarding Application No. 1,206,738 (DEMERARA GOLD)

Trademark expungement case regarding Registration No. TMA528,477 (MYTHOS & Design)

Trade mark opposition case regarding Application No. 1,321,379 (HYUNDAI & Design)

Appeal of a partial summary judgment decision regarding the ownership of Mill-Pac Black

Appeal in a patent impeachment case regarding Patent No. 2,207,045 (Kit and Process for the Manufacture of a Set of Individual Pill Containers)

Interlocutory motion in a patent impeachment case regarding Patent No. 2,207,045 (Kit and Process for the Manufacture of a Set of Individual Pill Containers)

Patent infringement case regarding Patent No. 2,207,045 (Kit and Process for the Manufacture of a Set of Individual Pill Containers)

Trademark opposition case regarding Application No. 898,649 (POPEYE'S SAILORS EXCHANGE)

Trademark opposition case regarding Application No. 801,053 (RED BOOK)

Appeal in a trademark expungement case regarding COUNTRY LIVING.

Appeal in a trademark opposition case regarding XP 2000, XP 2000 MS, XP 2000 AS, XP 2000 V, XP 2000 H, XP 2000 Z, AMERI WAY XT & DESIGN, AMERI XL 4 & DESIGN

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