Aiyaz Alibhai

· Member, Institute of Electrical and Electronics Engineers

· Member, Canadian Association of University Solicitors

Representative Cases

Representative Intellectual Property Rights Cases

· Advanced Biotechnologies Ltd. v. Simport Plastics Ltd. (F.C.) Successfully represented the plaintiff in an action for infringement of an industrial design and obtained settlement.

· Koninklijke Philips Electronics N.V. v. Gold Light Digital Media International Inc. (F.C.) Represented the Defendants in a patent infringement case involving optical discs technology.

· Koninklijke Philips Electronics N.V. v Maple Technologies Ltd. (F.C.) (BCSC) Represented Maple Technologies Ltd. as a Defendant in alleged patent infringement case involving optical discs technology and as a Plaintiff in a related Provincial Court action for Breach of Contract.

· Color Kinetics Incorporated v. TIR Systems Ltd. (U.S. District Court of Massachusetts) (Fed. Ct) Represented the Defendant TIR Systems Ltd. in Canadian Federal Court and coordinating with US Attorneys for the Defendant in US Federal Court proceedings in alleged patent infringement case involving LED technology. Successfully settled.

· Cryocor, Inc. and AMS Research Corp. and Cryocath Technologies, Inc. (Fed Ct.). Successfully positioned Defendant for sale in resolution of medical device case.

· Galaxy Plastics Ltd. et al. v. Le-Ron Plastics Inc. (F.C.) (BCSC) Represented the Plaintiffs in action for impeachment of a patent in the Federal Court and an action for interference in economic relations in the Superior Court, leading to a settlement of all claims and licensing arrangement.

· Gerhard Reichert and others. v. Lauren International Inc. (Ont. Ct. of Appeal) (application to S.C.C. denied) Represented the Applicant in a contract interpretation dispute as to royalty payment provisions.

· Peak Innovations Inc. v. Produits Pylex Inc. and Pierre Charette (F.C.) Represented the Defendants in an action for alleged industrial design infringement. Represented and resolved matter involving the Defendants in action for alleged industrial design infringement.

· Jiwani et. al. v. Grimm et. al. (BCSC). Successfully represented the Plaintiffs and obtained settlement in a matter involving trespass to land and wrongfully cutting of the Plaintiffs' trees.

· The Friendly Stranger Corporation v. Avalon Sunsplash Ltd. (F.C.). Represented the Defendant in three appeals from successful decisions of the Trademark Opposition Board rejecting the Plaintiff's trademark applications.

· Retrotec Energy Innovations Ltd. v. Wayne Doucette, Glen Birks et. al. (BCSC). Represented the Plaintiff and obtained an interim injunction restraining the Defendants from disclosing confidential information.

Representative Trademark and Copyright Litigation Expertise

· Atlantis Scientific Inc. v. Keyhole, Inc. (Ont. Gen. Div.) Represented the Plaintiff in trademark litigation and successfully obtained an injunction in favour of the Plaintiff. Matter settled subsequently by the Defendant ceasing use of the Plaintiff's mark.

· Canadian Olympic Committee et al. v. Teepee Handicrafts Ltd. et al., (F.C.) Trademark Infringement - Successfully negotiated a discontinuance.

· Canadian Private Copying Collective v. First Choice Recording Media Inc. (F.C.) Represented Defendant in a dispute over copyright levies and interest owed.

· CPCC v. Enviro Data Products Inc. (Copyright Bd.) (F.C. Application for Judicial Review - Board Decision Overturned). Successfully represented the Defendant in action before the Copyright Board for payment of alleged levies owed.

· Disney Enterprises, Inc. et al. v. Cana Wholesaler Inc. (F.C.) Successfully represented the Defendant in an action for trademark infringement.

· E3 Works International v. Verbatim Corporation (F.C.) Represented Plaintiff in action involving trademark, industrial design and copyright infringement. Settled in favour of Plaintiff.

· E3 Works International Inc. v. The Business Depot Ltd. dba Staples, E3 Works International Inc. v. Intertan Canada Ltd. dba RadioShack, E3 Works International Inc. v. Best Buy Canada Ltd. et al., E3 Works International Inc. v. Grand & Toy Limited. Represented the Plaintiff E3 Works International Inc. in copyright and Industrial Design claims against individual corporativos. Action discontinued in Plaintiff's favour as result of settlement with Verbatim Corporation involving a license of the intelectual property rights.

· Fleming Management Ltd. et al. v. Yowza Digital Inc. dba Switch VFX (F.C.) Currently representing Defendant in trade-mark passing off action.

· OK Tekstil San.Ve Tic. Ltd. v. 2688646 Canada Inc. Doing Business As Comme Les Copains (F.C.) Represented Plaintiff in trademark action. Settled in favour of Plaintiff with assignment by the Defendant of all trademarks in suit to the Plaintiff.

· Versaly Games Inc. v. Jeux Hexacto Inc. (F.C.) Represented Plaintiff in copyright infringement of software. Settled in favour of the Plaintiff.

Judicial Review and Administrative Law

· CPCC v. Enviro Data Products Inc. (Copyright Bd.) (F.C.) Application for Judicial Review - Board Decision Overturned). Successfully represented the Defendant in action before the Copyright Board for payment of alleged levies owed.

· Government of the Unites States of America et al. v. Commissioner of Patents (June 23, 2005), Federal Court File No. T-1995-04 (F.C.). Successfully represented in the Applicants in having the patent restored in good standing following a decision by the Commissioner of Patents to refuse national phase entry into Canada.

· Harry O. Wicks v. The Commissioner of Patents (F.C.) (FCA) Represented the Applicant for reinstatement of patent application relating to rail cars.

· Antiballistic Security and Protection Inc. v. The Commissioner of Patents (F.C.) (FCA) Represented the Applicant, Antiballistic Security and Protection Inc. in an application to overturn a decision by the Commissioner of Patents.

Representative Trademark Opposition Expertise

· Opposition against CA TM No. 1,229,899 EVOLVE NURTURING VITALITY & Design by Evolve Family Wellness Centre (TMOB). Successfully represented the trademark Applicant Dr. Shamira Rahim Chiropractic Corporation dba Evolve Wellness Centre. Action was resolved by settlement and the trademark was registered.

· Opposition against CA TM No. 1,236,897 EVOLVE NURTURING VITALITY by Evolve Family Wellness Centre (TMOB). Represented trademark Applicant Dr. Shamira Rahim Chiropractic Corporation dba Evolve Wellness Centre. Action was resolved by settlement and the trademark was registered.

· Opposition against CA TM No. 1,159,574 for DIGITAL VINYL by E3 Works International Inc. (TMOB) Our representation of the Opponent E3 Works International Inc. led to the withdrawal of the Trademark by the Applicant, Pioneer Corporation.

· Opposition against CA TM Numbers 1,157,428; 1,171,481 and 1,171,482 by Avalon Sunsplash Ltd. (TMOB). Successfully represented the Opponent before the Trade-marks Opposition Board in preventing the registration of the three trade-marks by a third party.

Advisory and Instructing Counsel Services

· U.S. Philips Electronics v Maple Technologies Ltd. et al. (Cal. Dist.) Instructed and coordinated US Attorneys for the Defendant in US Federal Court proceedings in alleged patent infringement case involving optical discs technology.

· Color Kinetics Incorporated v. TIR Systems Ltd. (U.S. District Court of Massachusetts). Acted for the Defendant in a patent infringement case involving LED technology. Case successfully settled following acquisition of both parties by Philips. Represented the Defendant TIR Systems and later Philips.

Presentations

· Copyright and Intellectual Property, Ready or Not: Managing Risks in the Education Sector Conference, 2012

· Managing Intellectual Property Rights in the Workplace, 5th HR Legal Risks Conference, 2012

· Strategic Management of Intellectual Property Assets, 11th General Counsel Role in Maximizing Board Effectiveness, 2012

· Protecting Intellectual Property Capital and Brand Reputation, 9th General Counsel's Role in Maximizing Corporate Performance Conference, 2011

· Dealing with Employee Law Issues, 9th General Counsel's Role in Maximizing Corporate Performance Conference, 2011

· Managing Intellectual Property in the Workplace, BC Employment Branch of the Canadian Bar Association, 2011

· Patent Protection in a Global Context, Phama Patents, Legal & Strategic Guide Conference, 2008

Published Works

· Co-author, Act, Don't React: Dealing with Sexual Harassment in your Organization, Canada Law Book, updated annually

Industry Expertise

Information Technology

Communications and Telecommunications

Education Law