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Michael Shortt Montréal Lawyer/Avocat

Michael Shortt

Partner | Trademark Agent Fasken
Jurisdiction Ontario, 2015 | Québec, 2014
Language(s) French, English
Office(s) Montréal
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Overview

Michael Shortt is a partner at Fasken’s Montreal office, where he practices as a lawyer and trademark agent. His practice focuses on both litigation and transactional work, with an emphasis on the videogame and life science industries. A member of the Québec and Ontario bars, he advises clients on common-law, civil-law, and federal matters.

As a litigator, Michael represents clients in intellectual property, commercial, and public law disputes. He has represented clients before the Supreme Court of Canada, the Federal Court and Federal Court of Appeal, the Ontario and Québec superior courts, and the Copyright Board. His litigation philosophy is based on obtaining cost-effective results through creative legal arguments. Michael clerked at the Ontario Court of Appeal and the Quebec Superior Court, and worked as a research assistant for a well-known commercial arbitrator, allowing him to bring a unique perspective to litigation and advocacy.

In his transactional work, Michael drafts and negotiates a range of commercial contracts, including intellectual property licences, service agreements, consumer contracts, confidentiality agreements (NDAs), and videogame publishing contracts.

As a trademark agent, Michael assists clients in obtaining trade-mark registrations in Canada and manages their global trademark portfolios. His trade-mark practice covers a broad array of industries, including software, videogames, and consumer goods ranging from pharmaceuticals, to food, to fashion.

Michael co-founded the firm’s videogame industry group and works for videogame development studios and publishers of all sizes. He reviews, negotiates, and drafts contracts in the videogame industry, as well as providing compliance advice for consumer protection law, language laws, and other regulatory issues.

In his spare time, Michael volunteers on pro bono legal cases and writes on current legal topics. His law review articles have been cited by the Federal Court, the Alberta Court of Appeal, the Ontario Superior Court of Justice, and the Ontario Court of Appeal. For five years he was a coach for the McGill Faculty of law’s team in the Mignault civil-law moot competition, and has been a guest lecturer at McGill University and the University of Ottawa.

Achievements

  • Recognized in Québec as a Litigation Star  , Benchmark Litigation Canada 2026
  • Recognized in Biotechnology and Life Sciences Practice in Montréal, The Best Lawyers in Canada 2026
  • Recognized in Intellectual Property Law in Montreal, The Best Lawyers in Canada 2024 to 2026
  • Recognized in Information Technology Law in Montreal, The Best Lawyers in Canada 2024 to 2026
  • Recognized in Communications Law in Montreal, The Best Lawyers in Canada 2024 to 2026
  • Recognized nationwide as a Next Generation Partner in Intellectual Property. Michael Shortt has been listed as a Rising Star in previous editions., The Legal 500 Canada 2020 to 2026
  • Recognized in the Canadian Legal Lexpert Directory in Intellectual Property, Litigation - Intellectual Property and Telecommunications, Lexpert 2025 to 2026
  • Recognized nationwide as Up-and-Coming in Intellectual Property: Litigation, Chambers Canada 2025 to 2026
  • Benchmark Litigation 40 & Under List, Benchmark Litigation Canada 2025
  • Recognized as Recommended in IP - Copyright 2025, Lexology Index 2025
Best Lawyers Publication name with laurels The Best Lawyers in Canada Recognized in Biotechnology and Life Sciences Practice in Montréal Best Lawyers is an attorney ranking service. For more than 30 years, it has identified lawyers best qualified to represent clients in various jurisdictions and specialties.
Benchmark Litigation logo Benchmark Litigation Canada Benchmark Litigation 40 & Under List The guide recognized all the Canadian offices, and a Firm partner has been named to the Top 50 Trial Lawyers list.

Experience

  • Plumbing equipment manufacturer initiates legal action for trade secret misappropriation, [Case - A leading plumbing equipment manufacturer], Representing a leading plumbing equipment manufacturer in a trade secret misappropriation case.
  • Playmaker Capital acquires La Poche Bleue for C$ 8,8 M, [Deal - La Poche Bleue Inc.], Acquisition of La Poche Bleue by Playmaker Capital.
  • 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.
  • Microsoft in a proposed class action against several video game developers, [Case - Microsoft Canada Inc], Bourgeois v. Microsoft Canada inc. and al.
  • 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...
  • 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.
  • Industrial Alliance Insurance and Financial Services was represented before all levels of courts, [Case - Industrial Alliance Insurance and Financial Services Inc.], On November 16, 2018, the Supreme Court of Canada ruled in favour of Industrial Alliance Insurance and Financial Services Inc. (IA) in a case involving the right of any individual to express himself or herself in the official language of his or her choice before any federal court or tribunal in C...
  • Thermolec Ltée sued Stelpro Inc. and Stelpro Design Inc. for patent infringement, [Case - Thermolec Ltée], Fasken began this case with a successful motion for an interlocutory injunction to prohibit the production and sale of the infringing products until expiry of the patent. This is a rare and noteworthy outcome, one that was commented on by several other law firms. Interlocutory injunctions in pa...

Career & Education

Education

  • LLB, BCL McGill University
  • MA, Political Science McGill University
  • BA, Economics and Political Science McGill University

Memberships & Affiliations

  • Video Game Bar Association
  • Advocates’ Society
  • Lord Reading Law Society
  • Osgoode Society for Canadian Legal History
  • Intellectual Property Institute of Canada 
  • Canadian Institute for the Administration of Justice 
  • American Bar Association, Intellectual Property Section 
  • Regroupement des praticiens du droit des marques de commerce
  • Young Governor of the Quebec Bar Foundation

Knowledge

  • Key considerations—You just received a trademark demand letter? Here’s what to do next, 6/4/2026
  • Spring is Here, and Canadian Trademarks Practice is Awash in Major Changes, 3/28/2025
  • Canadian Trademark Office Begins Government-initiated Non-use Cancellations, 1/14/2025
  • Federal Court of Appeal Rules That PMPRB Has No Jurisdiction Over Unpatented Medicine Prices: The End of the “Slender Thread” Test, 12/9/2024
  • Supreme Court Rules That the State Has No Absolute Immunity From Damages Caused by the Adoption of Unconstitutional Laws, 8/14/2024
  • Frequently Asked Questions (FAQ) About Trademark Oppositions in Canada, 4/26/2024
  • The Merest Slender Thread: Scope of PMPRB Regulatory Jurisdiction Remains in Flux, 1/23/2024
  • Compliance Alert: Time to File Trademark Applications in Order to Comply with Charter of the French Language, 11/1/2023
  • Federal Court Invalidates IQ Trademark for Lack of Distinctiveness: Lessons for Trademark Owners and Trademark Challengers, 1/24/2023
  • Fortnite Addiction Class Action Approved by Quebec Superior Court, 1/23/2023

Events

  • 2025 INTA Annual Meeting, 5/17/2025
  • 2024 INTA Annual Meeting, 5/18/2024
  • Fasken Video Game Industry Forum, 9/30/2019
  • Réforme majeure de 2019 : Remettez à jour votre stratégie de marques!, 4/30/2019

News

  • Games Industry quotes Michael Shortt in an article on piracy in the gaming industry, 12/8/2023
  • Thirty-Four Fasken Lawyers Join Firm Partnership, 12/17/2021
  • Fasken Shines in Lexpert®’s Top 10 Cases of 2019-2020, 12/10/2020
  • The Lawyer’s Daily quotes Karam Bayrakal and Michael Shortt in an article on the legal implications of a recently-launched class action over "loot boxes" in the gaming industry, 11/17/2020
  • Fourteen Fasken lawyers recognized as IP Stars by Managing Intellectual Property, 6/22/2020
  • Forty-Two Fasken Lawyers Ranked in 2020 Edition of Legal 500 Canada, 11/19/2019
  • The Canadian Press quotes Michael Shortt in an article on video game studio taking legal action against Montreal game tester, 11/11/2019
  • McGill News quotes Michael Shortt in an article on his professional journey, 2/19/2019
  • Canadian Lawyer Magazine quotes Michael Shortt in an article on the impact of trademark appeal, 1/24/2019
  • Droit-inc. mentions Michael Shortt and Marc James Tacheji in an article about their involvement in the Pierre-Basile-Mignault moot competition, 3/21/2017

Publications

  • Aéroports et bilinguisme : la Cour suprême appelée à trancher (in French only), 4/21/2026
  • La Cour suprême appelée à clarifier les obligations linguistiques des aéroports ( In French only), 4/20/2026
  • Classics from the vault: Some observations on the art of advocacy, 6/6/2023
  • The UN Convention on Contracts for the International Sale of Goods: What You Need to Know, 1/9/2023
  • Practical Law Canada: Enforceability of Limitation of Liability Clauses in Québec, 1/1/2023
  • The UN Convention on Contracts for the International Sale of Goods, 11/1/2022
  • What’s in a Name? New Entries in CIPO’s Goods and Services Manual and Why They Matter for Trademark Applicants, 9/1/2022
  • Enforcing Limitations of Liability in Quebec: A Six-step Analysis, 6/1/2022
  • Waiver of Appeal Rights in Canada: Drafting and Litigation Considerations, 1/1/2022
  • The Writing Requirement for Canadian Copyright Assignments, 12/1/2021

Speaking Engagements

  • The Structure of the Canadian Copyright Bundle: How many rights do we really have, anyways?, 2/21/2025
  • Colloque de droit et jeux vidéo (available in French only), 1/11/2025
  • The “bundle of rights” structure of copyright in Canada, 11/14/2024
  • Bill 96: Are you Familiar with the New Provisions Regarding Public Signs and Posters, Trademarks Appearing on Products and Francization?, 6/3/2024
  • Intellectual Property for Artists and Creative-industry Entrepreneurs, 2/20/2024
  • Civil Law IP Contracts Incorporating Common Law Standard Clauses: Beware!, 2/6/2024
  • Contrats de PI soumis au droit civil incorporant des clauses types de common law : gare à vous (Available in French Only), 11/23/2023
  • Intellectual Property Rights and the Arts, 11/22/2023
  • Canadian Class Actions Update: Lootboxes, Addiction, and More, 5/4/2023
  • AI in the Legal Profession: A Boon or a Bane?, 4/26/2023