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Experience, Publications & Presentations


Experience

Trademark

  • Supporting counsel in preparing, filing and prosecution of trademark applications in Canada and the United States including conducting clearance searches for trademark availability and registrability in various industries including:
    • Food and beverage
    • Social networking
    • Security
    • Real estate
    • Health and wellness
    • E-commerce
    • Beer and alcohol
    • Medical and non-medical cannabis
  • Supporting counsel in trademark opposition and expungement proceedings
  • Conducting infringement investigations
  • Supporting counsel in the negotiation of settlement of trademark disputes
  • Supporting counsel in trademark infringement and passing off litigation
  • Drafting trademark assignments and licences and co-existence agreements
  • Drafting cease and desist letters in support of trademark infringement claims
  • Drafting responses to cease and desist letters
  • Devising tailored trademark strategies

Copyright

  • Advising as to ownership of copyright
  • Devising copyright strategies for creators, artists and photographers for protection of original works and enforcement of rights
  • Preparing copyright assignments, waivers of moral rights and copyright licence agreements
  • Advising on allegation of copyright infringement
  • Drafting cease and desist letters in support of copyright infringement claims
  • Drafting responses to cease and desist letters
  • Negotiating settlements in copyright disputes
  • Supporting counsel in copyright infringement litigation, and in particular on copyright litigation relating to photographic works and digital publications at all levels of court including Federal Court, Superior Court and Small Claims Court

IP Agreements

  • Advising on existing contracts relating to IP
  • Drafting IP agreements and IP clauses for other commercial agreements including:
    • Copyright assignments and licences
    • Trademark assignments and licences
    • Confidentiality agreements
    • Non-disclosure agreements
    • Employment agreements
    • Independent contractor agreements
    • Contributor agreements
    • Publishing agreements
    • Photography agreements
    • Model release agreements
    • Fashion modeling contracts
    • Website terms and conditions
    • Website privacy policies
    • Website developer agreements
    • End user licence agreements
    • Advertising agreements
    • Affiliate marketing agreements
    • Supply agreements

Publications & Presentations

2017


June 21, 2017

Toba Cooper presented a lecture entitled "Intellectual Property Law for Entrepreneurs - What Start-Ups Should Know before They Start Up" for Artscape Create Entrepreneurship Program.

May 18, 2017

Toba Cooper was interviewed on City TV's Breakfast Television for a spot entitled "Who Owns Your Photos When You Post Them Online", online: <http://www.bttoronto.ca/videos/who-owns-your-photos-when-you-post-them-online/>.

April 7, 2017

Toba Cooper presented a lecture entitled "Intellectual Property Law for Creative Entrepreneurs" for Artscape Create Entrepreneurship Program.

March 11, 2017

Toba Cooper was a guest speaker at an Artscape Seminar giving a guest lecture entitled " IP Law - Understanding Your Rights and How to Enforce Them".


2016


May 5, 2016

Toba Cooper authored Lawyer's Daily article "Catching Up to the Technology", online: https://www.thelawyersdaily.ca/articles/2101/catching-up-to-the-technology>.

April 14, 2016

Toba Cooper was interviewed for and quoted in the Toronto Star article entitled  "Lucasfilm Empire Strikes Back at Toronto Lightsaber Battle" by Geoffrey Vendeville, online: <https://www.thestar.com/news/gta/2016/04/14/lucasfilm-empire-strikes-back-at-toronto-lightsaber-battle.html>.


2015


September 11, 2015

Toba Cooper was interviewed for and quoted in the Lawyer's Weekly article entitled "Ruling of Implied Privilege Waiver Upheld, Legal Advice Not Protected" by Kim Arnott, online: <http://law.ucalgary.ca/files/law/sept8-2015_lawyersweekly_andreamaclean-2l_pg-18-20.pdf>.

January 23, 2015

Toba Cooper co-authored "2014: The Year in Review for Canadian Copyright Law", Lexology, online: <https://www.lexology.com/library/detail.aspx?g=bc9c8bef-d879-499d-846f-432e5216984c>.


2014


May 31, 2014

Toba Cooper co-authored chapter seven of "Solicitor Client Privilege" by Adam Dodek, LexisNexis Canada, 2014 (winner of the 2015 Walter Owen Book Prize).

Contact Toba Cooper

Phone: 416-546-7303
Fax: 416-352-5709