Skip to main content
Eliane Ellbogen, Associate | Trademark agent

Eliane Ellbogen

Associate | Trademark agent Fasken
Jurisdiction Québec, 2020
Language(s) English, French
Office(s) Montréal
Contact
Share
  • LinkedIn

Overview

Eliane Ellbogen is an intellectual property lawyer at the Montréal office. Her practice is focused on IP litigation and IP strategy. It covers a broad range of industries, with an emphasis on life sciences, emerging technology, e-commerce, and the creative industries.

As a litigator, Eliane advises and represents clients in complex patent, trademark, and copyright infringement and trade secret matters. She also litigates constitutional and regulatory cases in the life sciences sector. Eliane has appeared before the Supreme Court of Canada, the Federal Court of Appeal and Federal Court, the Québec Court of Appeal and Superior Court, the Copyright Board, and the Trademarks Opposition Board.

Eliane regularly works with clients to develop and enforce their IP strategies, from tech and music licensing to global branding strategies, particularly at the start-up stage. 
In parallel to her IP litigation and strategy practice, Eliane has extensive knowledge of the provincial and federal language rules for product packaging and labelling, public signage, commercial advertising, and online content, and regularly advises clients on their compliance efforts. 

Eliane is well-versed in all matters relating to artificial intelligence, with a deep understanding of copyright issues in the context of machine learning. Eliane is often invited to speak on copyright, artificial intelligence, and legal issues in the creative sectors, and often appears in the media to comment on these topics. She completed her Bachelor of Law with honours at UQAM. Before becoming a lawyer, Eliane directed an internationally-renowned digital art exhibition centre and advised government agencies as an expert in digital arts. She continues to be actively involved in the arts community as a board member of various organizations.

Achievements

  • Recognized as Ones to Watch in Technology Law in Montréal, The Best Lawyers in Canada 2025 to 2026
  • Named Impact Case of the Year - Merck Canada et al v Canada - Canada by Managing IP Awards - Americas 2023, Managing Intellectual Property IP Stars Handbook 2023
  • Leaders of Tomorrow (2023) Young Bar of Montreal – Intellectual Property Finalist, Jeune Barreau de Montréal 2023

Experience

  • Federal Court invalidates IQ trademark for lack of distinctiveness, [Case - Nuheara], Fasken succeeded in invalidating Gentec’s IQ trademark for lack of distinctiveness in a hard-fought trademark dispute with Nuheara for use of its IQbuds trademark.
  • Québec Court of Appeal confirms unconstitutionality of certain amendments to the Patented Medicines Regulations which govern the PMPRB federal patented drug pricing regime, [Case - Merck and al.], Fasken successfully represented a coalition of major pharmaceutical companies before the Quebec Superior Court and Quebec Court of Appeal to confirm the unconstitutionality and invalidity of certain amendments to the Patented Medicines Regulations which govern the PMPRB federal patented drug pricing regime.
  • Novacap acquires controlling interest in Globe Electric, [Deal - Novacap], Novacap, a leading Canadian private equity firm, acquires an interest in Globe Electric.
  • BonLook acquires virtual optical measurement tool EyeMeasure, [Deal - BonLook Inc.], BonLook grows and develops its technological expertise in the field of optics.
  • 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.
  • Fasken represents IPIC at the Federal Court of Appeal on the patentability of computer-implemented inventions, [Case - Intellectual Property Institute of Canada (IPIC)], Represented the Intellectual Property Institute of Canada (IPIC) at the Federal Court and Federal Court of Appeal to propose a new legal framework to assess the subject-matter patentability of computer-implemented inventions
  • ACM and Firestone Pacific Foods defend against Nature’s Touch trade secret claims, [Case - ACM Management Company LLC and Firestone Pacific Foods Inc.], Representing ACM and Firestone in a high-stakes trade secret case initiated by Nature’s Touch.

Career & Education

Education

  • LLB UQÀM
  • Bachelor, Art History McGill University

Community involvement

  • Member, Copyright Committee, Intellectual Property Institute of Canada (IPIC)
  • Member, Copyright Society 
  • Member, INTA 

Knowledge

  • At Long Last: The New PMPRB Guidelines Are Here, 7/21/2025
  • Recent Charter of the French Language Decision Affecting Trademarks in Signage and Advertising, 6/4/2025
  • Doing E-Commerce In Canada? Here’s What You Need To Know, 5/8/2025
  • Bill 96 | Important Upcoming Changes to French Language Requirements for Public Signage, 4/15/2025
  • First Decision Finding Copyright Infringement in Generative AI, 3/19/2025
  • Canada’s Consultation on Copyright and Generative AI: A Look at the Submissions Received, 7/22/2024
  • Annotated Regulation respecting the language of commerce and business | June 2024 update, 7/4/2024
  • Québec Publishes Final Language Rules: Softens Stance on Trademarks but Maintains Sign Sizing Requirements, 6/27/2024
  • Frequently Asked Questions (FAQ) About Trademark Oppositions in Canada, 4/26/2024
  • Charter of the French Language: New Draft Regulation respecting the language of commerce and business, 1/18/2024

Events

  • E-Commerce and AI: cocktail and panel on “The Legal Do's and Dont's for AI in E-Commerce”, 6/11/2025
  • Are you ready for June 1, 2025? Learn how Bill 96 will impact your trademarks, 3/26/2025
  • How to Protect Your Branding: Taking Action Against Counterfeiting Online and in Pop-up Markets, 2/21/2024
  • Choosing legally winning brands, 4/26/2023
  • Loi 96 : Faut-il changer sa stratégie de marque?, 10/12/2022
  • Strange New Worlds: Web 3.0 and Emerging Legal Issues, 6/23/2022
  • Reform of the Charter of the French Language: consequences for companies doing business in Quebec, 6/20/2022

News

Publications