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Marek Nitoslawski - Intellectual Property Lawyer, patents, trademarks and copyright

Marek Nitoslawski

Partner | Trademark Agent Fasken
Patent and IP litigation is never an end in itself. It must always be adapted to the client’s business objectives. The same holds true for any well-designed IP protection strategy.
Jurisdiction Québec, 1984
Language(s) French, Polish, English, Spanish
Office(s) Montréal
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Overview

Marek Nitoslawski is a seasoned IP litigator whose winning strategies in patent, trademark and copyright matters have earned him the respect of clients, colleagues and the courts. In recent years he has represented clients in cross-national patent litigation involving electronics, aeronautics and recreational vehicles. Many of Marek’s cases have set legal precedents, showcasing his “outside the box” approach to complex legal issues. Marek’s profound knowledge of all fields of intellectual property, whether it be patents, designs, trademarks, copyright, trade secrets or unfair competition, allow him to draw on and combine the underlying concepts for maximum advantage. Marek is particularly adept at coordinating transnational disputes and ensuring that the strategy adopted in Canada conforms with, and often leads, what is being done elsewhere.

Marek also has an active trademarks practice, in the context of which he manages portfolios large and small in the cosmetics, life sciences, clothing, food and alcoholic beverages industries.  He has a particular affinity for packaging and trade dress issues, and anything to do with so-called unconventional marks such as sounds, moving marks, smells, etc.

Marek is a popular, well-respected speaker and is recognized for his leading expertise in Intellectual Property in Chambers & Partners, Canada’s Best Lawyers, WIPR World Leaders, IAM Patents 1000, WTR 1000, Legal Who’s Who, Lexpert and Managing Intellectual Property IP Stars for patents and trademarks.

Achievements

Client Work

  • BRP wins major lawsuit against competitor Arctic Cat, [Case - Bombardier Recreational Products Inc.]
  • Supreme Court of Canada Grants Leave in Copyright Technological Neutrality Case, [Deal - Canadian Broadcasting Corporation]
  • Counselled Eurocopter in regards to Bell Textron, [Deal - Eurocopter]
  • Ultima Foods launches IÖGO, [Deal - Ultima Foods]
  • Managing L’Oréal’s Canadian trademark portfolio, advising on Canadian intellectual property law and providing strategic advice on branding and product labelling, [Case - L’Oreal S.A.], Advising L’Oréal’s in connection with various intellectual property matters in Canada.
  • Hershkovitz v. Tyco Safety Products Canada Ltd., 2009 FC 256, 73 C.P.R. (4th) 331 (F.C.), [Case - Tyco Safety Products Canada]
  • Rexnord acquires Fontaine-Alliance for US$30 million, [Deal - Rexnord]

Career & Education

Education

  • LLB, BCL McGill University
  • BA McGill University

Memberships & Affiliations

  • Québec Bar
  • Bar of Montréal
  • Canadian Bar Association
  • Intellectual Property Institute of Canada (IPIC)
  • International Trademarks Association (INTA)
  • Association littéraire et artistique internationale (ALAI)

Knowledge

  • Frequently Asked Questions (FAQ) About Trademark Oppositions in Canada, 4/26/2024
  • Compliance Alert: Time to File Trademark Applications in Order to Comply with Charter of the French Language, 11/1/2023
  • Federal Court Invalidates IQ Trademark for Lack of Distinctiveness: Lessons for Trademark Owners and Trademark Challengers, 1/24/2023

Events

  • 2024 INTA Annual Meeting, 5/18/2024
  • Savez-vous garder un secret? La cybersécurité et les secrets commerciaux, enjeux pour l’entreprise d’aujourd’hui, 1/20/2021
  • 2019 INTA Annual Meeting, 5/18/2019

News

Publications

  • From Personal Information to Trade Secrets: Welcome to the Accelerated Digital Age!, 5/17/2021
  • Big Changes to Canada’s Licensing Landscape Following Supreme Court Decision, 4/27/2017
  • Cross-border IP Battle: Investel v SnapChat, 3/24/2017

Speaking Engagements

  • 2017 INTA Annual Meeting, 5/20/2017
  • Prévention, gestion et réaction en matière de cybersécurité (Cybersecurity prevention, management and response), 5/10/2017
  • Protecting Innovation Through Patents, 11/1/2012
2017 INTA Annual Meeting location location Barcelona
Prévention, gestion et réaction en matière de cybersécurité (Cybersecurity prevention, management and response) Presented at the 9th Fasken Martineau Symposium location location Montreal Palais des congrès de Montréal
Protecting Innovation Through Patents Panelist, The Osgoode Executive Program in IP Management & Governance, organized by the Osgoode Hall Law School location location Toronto

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