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Marek Nitoslawski - Intellectual Property Lawyer, patents, trademarks and copyright

Marek Nitoslawski

Partner | Trademark Agent Fasken
Patent and IP litigation is never an end in itself. It must always be adapted to the client’s business objectives. The same holds true for any well-designed IP protection strategy.
Jurisdiction Québec, 1984
Language(s) French, Polish, English, Spanish
Office(s) Montréal
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Overview

Marek Nitoslawski is a seasoned IP litigator whose winning strategies in patent, trademark and copyright matters have earned him the respect of clients, colleagues and the courts. In recent years he has represented clients in cross-national patent litigation involving electronics, aeronautics and recreational vehicles. Many of Marek’s cases have set legal precedents, showcasing his “outside the box” approach to complex legal issues. Marek’s profound knowledge of all fields of intellectual property, whether it be patents, designs, trademarks, copyright, trade secrets or unfair competition, allow him to draw on and combine the underlying concepts for maximum advantage. Marek is particularly adept at coordinating transnational disputes and ensuring that the strategy adopted in Canada conforms with, and often leads, what is being done elsewhere.

Marek also has an active trademarks practice, in the context of which he manages portfolios large and small in the cosmetics, life sciences, clothing, food and alcoholic beverages industries.  He has a particular affinity for packaging and trade dress issues, and anything to do with so-called unconventional marks such as sounds, moving marks, smells, etc.

Marek is a popular, well-respected speaker and is recognized for his leading expertise in Intellectual Property in Chambers & Partners, Canada’s Best Lawyers, WIPR World Leaders, IAM Patents 1000, WTR 1000, Legal Who’s Who, Lexpert and Managing Intellectual Property IP Stars for patents and trademarks.

Achievements

Client Work

  • BRP wins major lawsuit against competitor Arctic Cat, [Case - Bombardier Recreational Products Inc.], In a lawsuit launched in December 2011, Bombardier Recreational Products accused its major competitor Arctic Cat of infringing BRP’s patents related to its revolutionary Ski-Doo REV snowmobiles. BRP is a global leader in snowmobiles, power sports vehicles and propulsion systems with over 75 years...
  • Supreme Court of Canada Grants Leave in Copyright Technological Neutrality Case, [Deal - Canadian Broadcasting Corporation], On September 9, 2014, the Supreme Court of Canada granted the Canadian Broadcasting Corporation’s application for leave to appeal a decision of the Federal Court of Appeal which dealt with the application of technological neutrality to copyright licences in the broadcasting industry. The Supreme ...
  • Counselled Eurocopter in regards to Bell Textron, [Deal - Eurocopter], In a judgment rendered September 24, 2013, the Federal Court of Appeal of Canada upheld a previously-rendered decision finding that Bell Helicopter had intentionally infringed a patent held by Eurocopter and ordering Bell Helicopter to pay punitive damages. The trial judgment concluded that Bell ...
  • Ultima Foods launches IÖGO, [Deal - Ultima Foods], On August 20, 2012 Ultima Foods launched IÖGO, a new brand of Canadian yogurt and fresh dairy products which can now be found all across the country. Fasken Martineau has long been Ultima’s corporate and strategic legal counsel and it has played a key role in the transformation of Ultima Foods wh...
  • Managing L’Oréal’s Canadian trademark portfolio, advising on Canadian intellectual property law and providing strategic advice on branding and product labelling, [Case - L’Oreal S.A.], Advising L’Oréal’s in connection with various intellectual property matters in Canada.
  • Hershkovitz v. Tyco Safety Products Canada Ltd., 2009 FC 256, 73 C.P.R. (4th) 331 (F.C.), [Case - Tyco Safety Products Canada], Hershkovitz v. Tyco Safety Products Canada Ltd., 2009 FC 256, 73 C.P.R. (4th) 331 (F.C.). On March 12, 2009, Judge Luc Martineau of the Federal Court of Canada  handed down his decision in Hershkovitz et al. v. Tyco Safety Products Canada Ltd., 2009 FC 256. The judgement is a clear victory for t...
  • Rexnord acquires Fontaine-Alliance for US$30 million, [Deal - Rexnord], On February 27, 2009, Rexnord LLC's wholly owned water management subsidiary, Zurn Industries, LLC, acquired the stock of Fontaine-Alliance Inc. and affiliates (Fontaine) for a cash purchase price of $30 million dollars (including the assumption of debt). Fontaine manufactures sluice gates and ot...

Career & Education

Education

  • LLB, BCL McGill University
  • BA McGill University

Memberships & Affiliations

  • Québec Bar
  • Bar of Montréal
  • Canadian Bar Association
  • Intellectual Property Institute of Canada (IPIC)
  • International Trademarks Association (INTA)
  • Association littéraire et artistique internationale (ALAI)

Knowledge

Events

News

Publications

  • From Personal Information to Trade Secrets: Welcome to the Accelerated Digital Age!, 5/17/2021
  • Big Changes to Canada’s Licensing Landscape Following Supreme Court Decision, 4/27/2017
  • Cross-border IP Battle: Investel v SnapChat, 3/24/2017

Speaking Engagements

  • 2017 INTA Annual Meeting, 5/20/2017
  • Prévention, gestion et réaction en matière de cybersécurité (Cybersecurity prevention, management and response), 5/10/2017
  • Protecting Innovation Through Patents, 11/1/2012
2017 INTA Annual Meeting location location Barcelona
Prévention, gestion et réaction en matière de cybersécurité (Cybersecurity prevention, management and response) Presented at the 9th Fasken Martineau Symposium location location Montreal Palais des congrès de Montréal
Protecting Innovation Through Patents Panelist, The Osgoode Executive Program in IP Management & Governance, organized by the Osgoode Hall Law School location location Toronto

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