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Michael Shortt Montréal Lawyer/Avocat

Michael Shortt

Partner | Trademark Agent Fasken
Jurisdiction Ontario, 2015 | Québec, 2014
Language(s) French, English
Office(s) Montréal
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Overview

Michael Shortt is a partner at Fasken’s Montreal office, where he practices as a lawyer and trademark agent. His practice focuses on both litigation and transactional work, with an emphasis on the videogame and life science industries. A member of the Québec and Ontario bars, he advises clients on common-law, civil-law, and federal matters.

 

As a litigator, Michael represents clients in intellectual property, commercial, and public law disputes. He has represented clients before the Supreme Court of Canada, the Federal Court and Federal Court of Appeal, the Ontario and Québec superior courts, and the Copyright Board. His litigation philosophy is based on obtaining cost-effective results through creative legal arguments. Michael clerked at the Ontario Court of Appeal and the Quebec Superior Court, and worked as a research assistant for a well-known commercial arbitrator, allowing him to bring a unique perspective to litigation and advocacy.

 

In his transactional work, Michael drafts and negotiates a range of commercial contracts, including intellectual property licences, service agreements, consumer contracts, confidentiality agreements (NDAs), and videogame publishing contracts.

 

As a trademark agent, Michael assists clients in obtaining trade-mark registrations in Canada and manages their global trademark portfolios. His trade-mark practice covers a broad array of industries, including software, videogames, and consumer goods ranging from pharmaceuticals, to food, to fashion.

 

Michael co-founded the firm’s videogame industry group and works for videogame development studios and publishers of all sizes. He reviews, negotiates, and drafts contracts in the videogame industry, as well as providing compliance advice for consumer protection law, language laws, and other regulatory issues.

 

In his spare time, Michael volunteers on pro bono legal cases and writes on current legal topics. His law review articles have been cited by the Federal Court, the Alberta Court of Appeal, the Ontario Superior Court of Justice, and the Ontario Court of Appeal. For five years he was a coach for the McGill Faculty of law’s team in the Mignault civil-law moot competition, and has been a guest lecturer at McGill University and the University of Ottawa.

 

Achievements

Client Work

  • Playmaker Capital acquires La Poche Bleue for C$ 8,8 M, [Deal - La Poche Bleue Inc.], Acquisition of La Poche Bleue by Playmaker Capital.
  • Microsoft in a proposed class action against several video game developers, [Case - Microsoft Canada Inc], Bourgeois v. Microsoft Canada inc. and al.
  • BRP wins major lawsuit against competitor Arctic Cat, [Case - Bombardier Recreational Products Inc.]
  • Constitutional challenge in the Superior Court of Québec attacking controversial amendments to the Patented Medicines Regulations and the validity of the existing PMPRB regime under the Patent Act, [Case - Merck Canada Inc., Janssen Inc., Servier Canada Inc., Boehringer Ingelheim Canada Ltd/Ltée, Bayer Canada Inc., Theratechnologies Inc., and an additional (Confidential) pharmaceutical company], Constitutional challenge in the Superior Court of Québec.
  • Industrial Alliance Insurance and Financial Services was represented before all levels of courts, [Case - Industrial Alliance Insurance and Financial Services Inc.]
  • Thermolec Ltée sued Stelpro Inc. and Stelpro Design Inc. for patent infringement, [Case - Thermolec Ltée]
  • Supreme Court of Canada Grants Leave in Copyright Technological Neutrality Case, [Deal - Canadian Broadcasting Corporation]

Career & Education

Education

  • LLB, BCL McGill University
  • MA, Political Science McGill University
  • BA, Economics and Political Science McGill University

Memberships & Affiliations

  • Video Game Bar Association
  • Advocates’ Society
  • Lord Reading Law Society
  • Osgoode Society for Canadian Legal History
  • Intellectual Property Institute of Canada 
  • Canadian Institute for the Administration of Justice 
  • American Bar Association, Intellectual Property Section 
  • Regroupement des praticiens du droit des marques de commerce
  • Young Governor of the Quebec Bar Foundation
  • Member, Canadian Technology Law Association

Knowledge

Events

News

Publications

Speaking Engagements

  • Bill 96: Are you Familiar with the New Provisions Regarding Public Signs and Posters, Trademarks Appearing on Products and Francization?, 6/3/2024
  • Intellectual Property for Artists and Creative-industry Entrepreneurs, 2/20/2024
  • Civil Law IP Contracts Incorporating Common Law Standard Clauses: Beware!, 2/6/2024
Speaker Bill 96: Are you Familiar with the New Provisions Regarding Public Signs and Posters, Trademarks Appearing on Products and Francization? Canadian Federation of Independent Business (CFIB)

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