Mark Evans

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.