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Mark Evans

Mark Evans

Key Details

Mark Evans
Smart & Biggar/Fetherstonhaugh


Mark Evans has more than 30 years’ experience in intellectual property law with a focus on providing sophisticated trademark protection, management and counselling services. He represents many of the world’s most famous brand owners and personalities, is recognised as one of Canada’s leading trademark lawyers and has been successful in numerous high-profile, precedent-setting cases. Evans is the managing partner of the firm’s Toronto office.

Professional Highlights

  • Sim & McBurney v Aird & McBurney et al, 2016 ONSC 4063  Represented Defendants in litigation alleging trademark infringement, passing off, breach of fiduciary obligations and breach of contract. Litigation was successfully resolved with dismissal of action.
  • Jack Black LLC v The Attorney General of Canada, 2014 FC 664 — Successful appeal to the Federal Court of an application to register the trademark JACK BLACK for men's skincare products, thereby overturning the Examiner's objection that the mark would be likely to be mistaken for the actor, Jack Black.
  • H-D USA LLC v Berrada, 2014 FC 207— Successful trial resulting in dismissal of infringement claims against Harley-Davidson, thereby allowing Harley-Davidson to sell its SCREAMIN' EAGLE clothing in Canada notwithstanding Berrada's common law use of SCREAMING EAGLE for clothing and trademark registration for the operation of a clothing store. Berrada was also ordered to pay more than $500,000 in costs to Harley-Davidson.
  • Target Corporation v Fairweather Ltd (2011), 2011 FC 758 — Successfully defended interlocutory injunction in Federal Court in passing off case concerning operation of TARGET APPAREL chain of retail stores, with award of costs against the plaintiff.
  • TSA Stores Inc v Registrar of Trademarks, 2011 FC 273 — Successful Federal Court appeal, thereby maintaining series of registrations for SPORTS AUTHORITY trademark for sporting goods store services. Federal Court held that the trademarks were in use in Canada, notwithstanding the absence of any bricks and mortar stores or sales in Canada, by means of information provided on a U.S.-based website.

Participation in Wider Community

Professional Affiliations

  • Fellow, Intellectual Property Institute of Canada
  • Member, International Trademark Association; Member of the Legal Practice Resources Committee; Former Member and Team Leader of the Law Firm Committee; Former Member of the Canada Subcommittee of the Anticounterfeiting Committee; Former Chair of the Trademark Use Subcommittee of the Internet Committee, Former Sub-Chair of the Internet Committee
  • Member of the firm's executive committee and is the co-managing partner of the firm's Toronto office.

Academic Affiliations

  • "Passing Off," webinar hosted by the Intellectual Property Institute of Canada, May 2016
  • “Trademarks: What are they and how you need to protect yourself,” CPDonline’s inaugural Business Law and Legal Issues Facing Finance Professionals conference, May 2016 
  • "Use of Marks on the Internet," webinar hosted by the Intellectual Property Institute of Canada, May 2016
  • “Trade-Mark Infringement:  Where are the Courts Going with the “Use” Requirement?," panel discussion at the Law Society of Upper Canada’s 20th Annual Intellectual Property Law: The Year in Review, January 2015
  • “Canada's Significantly Amended Trademark Laws: What Canadian Brand Owners and In-House Counsel Need to Do Right Now”, webinar for the Canadian Corporate Counsel Association, November 2015