- 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 Technology and 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:
- Patent infringement, copyright infringement and passing off action relating to a dispenser for medications.
- Judicial review of action by Commissioner of Patents denying a patent disclaimer and an appeal by adverse party to the Federal Court of Appeal.
- 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.
- 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 numerous trade mark opposition proceedings in a variety of subject matters, for example, magazines, insurance services, running shoes, board games, photographic film, and telecommunications.
Onus In Opposition Proceedings – How Much Evidence is Enough?
Disclaimer: Does It Still Work In The Modern Litigation Context?
Debate: Should there be Trade Mark Rights in Public Icons?
Intellectual Property and Comparative Advertising: Protect Your Rights Without Infringing on Your Competitor's
Basic Intellectual Property Issues; Domain Name Issues and IP Due Diligence in Corporate Transactions
Realization of Assets of High Technology Companies
Assigning Global Trade Mark Assets
practical tips for trial
spoliation: destruction of documents can pose serious consequences in litigation
Use of a Trade-Mark with Services: Has Don The Beachcomber Been Lost in the Sands of Time?
Disclaimer: Does It Still Work in the Modern Patent Litigation Context?
Intellectual Property: Review of Cases of Interest From 2009
Anton Piller and Preservation of Evidence in Copyright Actions
Biologics: The New Growth Area in Generics?
Appeal of orders of prothonotaries in Federal Court: examination of the standard of review as stated in Merck & Co. v. Apotex Inc. and Canada v. Aqua-Gem Investments Ltd
Federal Court of Appeal Reviews Significant Issues in Trade Mark Law
Canadian Government Introduces New Ambush Marketing Legislation
"Functionality of Trade Marks: The Battle of Toy Building Blocks goes to the Supreme Court of Canada
Review of Selected Clauses of an Intellectual Property License
Supreme Court of Canada to Hear Appeal Relating to Use of a Trade Mark
Official Marks: No Longer Invincible
The Test for Patent Infringement
Will Experimentation Invalidate Patents Under the Patent Act post October 1, 1989?
Research for Hire
- Osgoode Hall Law School, LLB - 1990
- University of New Brunswick, B.Sc. (First Class Honours Chemistry) - 1987
Year Of Call
- Called to the Ontario bar - 1992
intellectual property litigation
automotive manufacturers and distributors
Directorships and Professional Associations
- International Association for the Protection of Intellectual Property (AIPPI)
- Intellectual Property Institute of Canada (IPIC)
- International Trademark Association (INTA) - Discovery Practices & Procedures Subcommittee of the Enforcement Committee (2012 - 2013)
Awards & Rankings
- Listed in The World's Leading Trademark Professionals 2013, published by World Trademark Review.