Dale E. Schlosser Partner Toronto Tel : 416.307.4110 Fax : 416.865.7048 Email : dale.schlosser@mcmillan.ca VCard :

Professional Activities

• Chair of McMillan's Intellectual Property Group
• Partner since 1999
• Registered Trade Mark Agent (Canada, 1992)
• Registered Patent Agent (Canada, 1996)
• Registered to practice before the United States Patent and Trademarks Office
• Certified by the Law Society of Upper Canada as a Specialist in Intellectual Property Law (Patents, Trade Marks and Copyright)

Dale Schlosser is a partner and Chair of the firm's Intellectual Property Group. Dale acts as counsel in intellectual property matters before the Superior Court of Justice of Ontario, Federal Court, Federal Court of Appeal and as an advocate before the Trade Marks Opposition Board.  Dale provides advice and opinions on matters involving contracts relating to technology such as intellectual property licenses and he regularly assists the corporate lawyers of the firm in transactions involving intellectual property either through due diligence, valuation of intellectual property or licensing.

Dale represents clients in a variety of industries and matters including:

• Obtaining leave to appeal to the Supreme Court of Canada in a Section 45 proceeding (trade mark summary expungement proceedings) regarding use of a trade mark.
• Judicial review of the enforceability of an official mark pursuant to Section 9 of the Trade-marks Act .
• Judicial review of action by Commissioner of Patents denying a patent disclaimer and an appeal by adverse party to the Federal Court of Appeal
• Advising on various proceedings pursuant to the Patented Medicines Regulations of the Patent Act.
• Advising on trade mark infringement action against use of a domain name and related internet use.
• Advising on copyright infringement action relating to videotapes.
• Counsel for a dispute concerning ownership of an invention and breach of fiduciary duties relating thereto.
• Counsel for the conduct and defence of appeals to the Federal Court in trade mark opposition proceedings.
• Counsel for numerous trade mark opposition proceedings in a variety of subject matters, for example, magazines, insurance services, running shoes, board games, photographic film, and telecommunications.

November 2012 practical tips for trial litigation bulletin

November 2011 spoliation: destruction of documents can pose serious consequences in litigation intellectual property bulletin

June 2011 Use of a Trade-Mark with Services: Has Don The Beachcomber Been Lost in the Sands of Time? Canadian Intellectual Property Review, Vol. 27, No. 1 June 2011

December 2010 Disclaimer: Does It Still Work in the Modern Patent Litigation Context? Canadian Intellectual Property Review, Vol. 26, No. 2 December 2010