IP Lawyer, Trademark Agent
Toba's background and professional experience in the arts and creative industry were instrumental in forming her commitment to intellectual property law. Having worked as a creator, curator and entrepreneur, Toba has a personal understanding of the importance of asserting and enforcing one's IP rights. As a trained teacher, Toba strives to educate her client about the law, giving them the advice and tools they need to protect their works and inventions, defend their rights, grow their businesses and above all, succeed.
Toba combines her experience with her keen knowledge of the law and her passion for innovation in her intellectual property practice, which encompasses all areas of intellectual property law. In particular, Toba provides legal services in trademark and branding law, copyright law, new media law, and intellectual property litigation. Her practice also includes drafting IP contracts.
Trademarks and Branding
Toba is a registered trademark agent in Canada and has experience in both the prosecution and enforcement of trademark rights. She provides advice on brand development and protection at all stages of the branding process. Specifically, she conducts and obtains trademark clearance searches, provides registrability opinions, and devises tailored offensive and defensive brand strategies for each of her clients, which may include licensing strategies. She helps individuals and businesses obtain trademark registrations in Canada and the United States and assists in trademark oppositions and expungement proceedings.
Toba has experience providing brand advice to clients in a number of fields and industries including (but not limited to) the food and food services industries, the clothing industry, the cannabis industry, and to clients in the field of mental health and wellness. She frequently advises creative and social entrepreneurs, tech start-ups and artists.
Toba's copyright practice includes copyright clearance searches and opinions and copyright registration applications. She also advises clients on copyright ownership and infringement issues. Working closely with clients, Toba assists in devising strategies for safeguarding her clients' rights in their original works.
IP Contracts and Agreements
Toba has assisted in acting for plaintiffs and defendants in copyright, trademark and patent disputes before the provincial and federal courts. She has worked on several copyright infringement cases, assisting with motions for summary judgment for creators whose works have been infringed. Toba frequently helps clients settle disputes before litigation commences by sending cease and desist letters and negotiating favourable resolutions.
Publishing and Speaking on Law and IP
In addition to contributing to an intellectual property blog, Toba has written articles for the Lawyers Daily, the Lawyers Weekly and has been quoted in the Toronto Star. She was recently interviewed on Breakfast Television regarding copyright in images posted to social media. While still in law school, Toba contributed to a major legal publication on solicitor client privilege and co-authored the book's chapter on waiver. On numerous occasions, Toba has been invited to lecture on intellectual property at Artscape in Toronto.
Past Legal Employment
Prior to joining Heer Law, Toba was an associate at another IP boutique in Toronto (Shift Law). She articled in the intellectual property department at an international full-service Toronto Bay Street law firm (Gowlings) and summered with another Bay Street firm (Heenan Blaikie LLP) where she focused her work in trademarks, copyright, and entertainment law.
Prior to being called to the Bar in Ontario in 2015, Toba graduated with distinction from the University of Ottawa's faculty of Common Law where she focused her studies on intellectual property law. She completed her third year at Osgoode Hall Law School where she completed a focused study on curators and copyright.
Pre-Law Education and Experience in the Arts
Before entering law, Toba completed both a Bachelor of Education, graduating summa cum laude from the University of Toronto and a Bachelor of Fine Arts graduating magna cum laude from the University of Ottawa. Toba also has 7 years of experience in the field of commercial arts working as a gallerist and curator in Toronto.