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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


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.


Client Work

  • BRP wins major lawsuit against competitor Arctic Cat,
  • Supreme Court of Canada Grants Leave in Copyright Technological Neutrality Case,
  • Counselled Eurocopter in regards to Bell Textron,
  • Ultima Foods launches IÖGO,
  • Managing L’Oréal’s Canadian trademark portfolio, advising on Canadian intellectual property law and providing strategic advice on branding and product labelling, Ongoing since January 2012
  • Hershkovitz v. Tyco Safety Products Canada Ltd., 2009 FC 256, 73 C.P.R. (4th) 331 (F.C.),
  • Rexnord acquires Fontaine-Alliance for US$30 million,

Career & 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)


Fasken Institute



Speaking Engagements

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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