Welcome to iMAGINE Intellectual Property Law
We are a Canadian law firm practicing exclusively in the field of intellectual property, including trade-marks, patents, copyright, industrial design and related matters. Whether you wish to file a trade-mark application, challenge the validity of a patent, or commence or defend against an action before the Federal Court of Canada, you can rely on iMAGINE Intellectual Property Law to deliver timely, high quality service at an affordable price.
Quality Service. Quick Turn Around. Low Prices.
HOME
We operate according to a novel business model which allows us to offer services at less than half the price of most other intellectual property law firms. You deal directly with experienced intellectual property lawyers who will perform all legal work without delegation to generalists or students. This ensures that you will receive high quality IP work with quick turn around times.
We invite you to explore our website and contact us for a free initial consultation.
iMAGINE what high quality, cost-effective intellectual property services can do for you and your business.
iMAGINE Intellectual Property is a fresh and dynamic Canadian law firm formed to meet the demands of a changing economy. We provide a more affordable and flexible alternative to typical law firms, with rates that are among the lowest in the country.
Lawyers
Samuel Kazen
Principal
skazen_imaginip.com
Sam is a lawyer of the Bar of Ontario and a registered Canadian Trade-mark Agent.
Sam has practiced exclusively in the field of intellectual property law for over six years. Sam is experienced in all matters relating to the filing and prosecution of applications for trade-marks, copyright, and industrial designs, as well as in rendering validity and infringement opinions for patents. Sam is also an experienced litigator having been counsel of record before the Ontario Superior Court of Justice, the Federal Court of Canada, the Federal Court of Appeal, and the Supreme Court of Canada in complex intellectual property disputes.
Prior to forming iMAGINE, Sam worked with some of Canada's leading IP law firms representing clients across a wide range of industries with respect to diverse subject matter.
Before earning his law degree from Osgoode Hall Law School, Sam studied physics at York University and civil engineering at the University of Toronto.
Sam has a lay interest in quantum neurophysics, keeping up to date with ongoing developments in the field as well as making contributions of his own.
Stephanie Sutherland
Associate
ssutherland_imagineip.com
Stephanie is a lawyer of the Bar of Ontario.
Stephanie practices intellectual property law exclusively, with an emphasis on intellectual property litigation. Prior to joining iMAGINE, Stephanie worked with a large, top-tier law firm where she gained experience in various areas of IP litigation.
Before earning her law degree from the University of Western Ontario, Stephanie obtained an Honours Bachelor of Arts and Science Degree in Molecular Biology & Genetics, and Political Science from the University of Guelph.
In her spare time, Stephanie enjoys playing the piano and alto saxophone.
Stephanie is capable in spoken and written French and English.
ABOUT US
LITIGATION
PM(NOC) PROCEEDINGS
TRADE-MARKS
PATENTS
SERVICES
OFFICIAL MARKS
COPYRIGHT
INDUSTRIAL DESIGNS
MISCELLANEOUS
INTELLECTUAL PROPERTY OFFICES
RESOURCES
LEGISLATION
COURTS AND JUDGMENTS
We are located in the heart of Toronto's financial district at:
1 First Canadian Place
100 King Street West, Suite 5700
Toronto, Ontario
M5X 1C7
Canada
Telephone: 416-915-3107
Fax: 416-915-3177
E-mail: info_imagineip.com
CONTACTS
Click map to enlarge.
For after hours inquiries, please contact the firm's principal, Samuel Kazen, directly at:
Telephone: 647-348-6991
Fax: 647-348-6118
E-mail: skazen_imagineip.com
What is a Trade-mark?
A trade-mark (also spelled "trade mark" or "trademark") is a mark (typically a word or words, a drawing, or a combination of the two) used to distinguish one's products and services from those of another.
Why Register a Trade-mark?
In Canada, a trade-mark registration gives its owner the exclusive right to use the trade-mark, anywhere in Canada, in association with the products and services for which it is registered.
One may acquire certain rights to a trade-mark by simply using it without a registration. However, these rights are difficult and expensive to enforce and are typically restricted to the particular geographic region in which the trade-mark is used. The cost of registering a trade-mark pays for itself several fold when it comes time to stopping an infringer from using a confusingly similar brand. Additionally, a Canadian trade-mark registration can, in certain circumstances, allow a Canadian business to recover duties paid when transacting business in the United States.
Why use iMAGINE Intellectual Property Law for your Trade-mark Filing?
1) Price. Shop around and you will see that our rates are the lowest in town.
2) Quality. We are experienced not only in filing trade-mark applications but in trade- mark litigation and the enforcement of trade-mark rights. When we prepare your trade-mark application, we do so with a view to maximizing your ability to enforce it in the courtroom in the event of an infringement. For example, many firms will simply ask you when you started to use your trade-mark and enter the date that you tell them without further consideration. At iMAGINE Intellectual Property Law, we will consult with you to ensure that the date of first use entered is the correct kind of use and one which can be verified with documentation. As a further example, many firms will enter the description of wares and services without due regard to the ideal breadth of the description - often the description will be too narrow, resulting in inadequate protection, or too broad, creating needless conflict with other parties. At iMAGINE Intellectual Property Law, we will state the description of wares in services as broadly as possible without creating unnecessary overlap with other trade-marks on the register.
3) Quick turn around. We operate according to a lean and efficient business model that allows us to submit all filings and report all progress on your application faster than most other firms.
4) Best value for your dollar. At iMAGINE Intellectual Property Law, your trade-mark application is handled by an experienced lawyer at a rate comparable to what the
large firms charge for their law students and well below what they charge for a lawyer fresh out of school.
Contact Samuel Kazen at skazen_imagineip.com for your free, no obligation price estimate.
What is an Official Mark?
An official mark is often described as a "super" trade-mark in that it gives its owner a particularly strong monopoly over its mark. It is called an "official" mark because it may only be owned by a public authority.
What is a Public Authority?
The determination of whether an entity is a public authority is made by the Trade-marks Office or the Courts (as applicable) having regard to the degree of government control over the entity, the degree of government influence on the entity, and the extent to which the entity's purpose is to promote the public good. While public authorities are usually not-for-profit, this is not strictly necessary to qualify as a public authority.
Examples of entities which are deemed by the Trade-marks Office to be public authorities are the Ministry of Environment, York University, and the Anne of Green Gables Licensing Authority Inc.
Why Pursue Official Mark Protection?
1) Super priority. Unlike an ordinary trade-mark, an official mark is recognized by the Trade-marks Office and is enforceable regardless of whether it is confusing with previously filed or used trade-marks (although previous trade-mark registrations remain valid, and previous use by other parties is permitted to continue). Upon being satisfied that the applicant is a public authority and that it has adopted and used the mark, the Trade-marks Office must recognize the mark and has no jurisdiction to refuse to do so.
2) Immunity to liability . Even if the official mark is confusingly similar to an ordinary trade-mark that was filed and used prior to the official mark, the owner of the official mark is not liable for infringement.
3) Breadth. An official mark need not be restricted to any particular wares or services.
4) Heartiness. Once recognized by the Trade-marks Office, an official mark is virtually unexpungeable. Unlike ordinary trade-marks, an official mark cannot be cancelled for cessation of use or because it is confusing with an ordinary trade-mark. Further, an official mark need not be renewed (whereas an ordinary trade-mark must be renewed every 15 years).
Why Use iMAGINE Intellectual Property Law for Official Marks?
In addition to being one of the most affordable intellectual property law firms in the country, we are particularly knowledgeable on official marks. We have thoroughly researched all aspects of official marks law in Canada and have advised public authorities on registrability, infringement, and licensing of official marks.
If you are unsure as to whether you qualify for official mark protection, contact us today for a free initial consultation.
OM
We are a low cost alternative to the major law firms and IP boutiques for proceedings pursuant to the Pharmaceutical Medicines (Notice of Compliance) Regulations and related services.
PM(NOC)
PROCEEDINGS
Our services include:
We can work alone or in cooperation with additional counsel of your choosing.
Where do you turn if someone serves you with a statement of claim accusing you of intellectual property infringement? What can you do if someone misappropriates your invention? What if a competitor uses a brand that is confusingly similar to your brand?
At iMAGINE Intellectual Property Law, we represent both plaintiffs and defendants in all forms of intellectual property disputes including actions and applications for:
All litigation matters are tended to by the firm's principal, Samuel Kazen. Samuel has been counsel of record before the Federal Court of Canada, the Federal Court of Appeal, the Ontario Superior Court of Justice, and the Supreme Court of Canada in relation to a wide range of intellectual property disputes.
Not afraid to fight. Not too proud to settle.
We never lose sight of the bottom line in intellectual property disputes - to seek the resolution which best advances our clients' profitability and honour. In some cases, this means fighting an action all the way to trial, and if necessary appeal. In other cases, our clients' interests are better served through an inexpensive settlement. At iMAGINE Intellectual Property Law, we know the difference between the two.
Beware the Dump-Truck Lawyer
A "dump-truck" lawyer is one who, after charging you considerable fees for preparing pleadings and conducting discoveries, will advise you shortly before trial to accept a low-ball settlement. Many lawyers do this because they are afraid of any risk of loss at trial and of losing you as a client - but they still want to charge as much as they possibly can in the meantime. Lawyers that do this are not interested in fighting for your best interests, but in turning you into a cash cow.
The reality of litigation is that there are always risks. The solution to attaining the ideal outcome for a client is not to pursue the path of zero risk, as do the dump-truck lawyers, but to balance the risk against the reward. A good advocate is one who follows the formula below:
chance of x rewards of - risk of loss x liability for = prudence of
success at trial succeeding at trial at trial loss at trial going to trial
At iMAGINE Intellectual Property Law, we continuously gauge the costs and benefits of litigation and advise our clients of the course that best suits their needs - even if this comes at the cost of our immediate profitability.
Beware the Haughty Lawyer
At the other extreme as the dump-truck lawyer is the haughty lawyer. This lawyer will always push you to fight until the end and never pursue settlement regardless of how weak your case is. Such lawyers are only interested in the gratification of their egos, and do not mind bankrupting you in the process. They are usually (but not exclusively) found at the larger law firms where it is commonly believed that the appearance of dominance is essential to a lawyer's advancement within the firm.
At iMAGINE Intellectual Property Law, we check our egos at the door. We are mature enough to realize that we do not always have the stronger position, and that even if we do, the costs of litigation may not justify the result.
Conversely, we know a strong case when we see one and are not afraid of fighting until the end where it is prudent to do so.
Initial Consultation (Free Up To 1 Hour)
Call or email us today for your no obligation, initial consultation. The initial consultation is free of charge for a maximum of one hour. Should the initial consultation extend beyond one hour, we will charge for the remainder of our time at our usual rate, plus disbursements and applicable tax.
After our initial consultation, and after having the opportunity to review any relevant documents, we will advise you, honestly, whether your case is weak or strong. We will then walk you through the process which, in our opinion, best suits your needs.
What is a Patent?
A patent is a document which protects the rights of an inventor. It describes the invention in deatailed terms, and it prohibits everyone other than the inventor (or the person to whom the inventor assigns the patent) from making, constructing, using, or selling the invention in the Country in which the patent is granted.
In Canada, the term of a patent is currently twenty years from the date the patent application is filed. After this time, the patent expires and the public is free to exploit the invention.
A patent only provides protection for the jurisdiction in which it is granted. For example, a Canadian patent does not prohibit the sale of the invention in the United States and vice-versa.
A patent protects only the functional aspects of an invention. It does not protect the appearance of the invention or the name of the invention.
Our Patent Services
Contact Samuel Kazen at skazen_imagineip.com for a free, no obligation price estimate.
Click here to see the U.S. Patent
for the Rubik's Cube ®
Rubik's Cube is a registered trade-mark of Seven Towns Ltd.
What is Copyright?
Copyright protects the original expression in a literary, dramatic, musical, or artistic work. In Canada copyright subsists for the life of the author plus fifty years following the end of the calendar year in which the author dies.
Why Register Copyright?
Unlike other forms of intellectual property, in Canada, copyright comes into being the instant the work is put into a fixed form and, technically speaking, the copyright need not be registered. However, should the copyright be infringed, the author (or person to whom the author assigned the copyright) would need to prove that he or she is the rightful owner of the copyright, and that the copyright is valid.
Registration of copyright creates the rebuttable presumption that the registrant is the rightful owner of the copyright and that the copyright is valid. It causes the burden of proof to shift to the infringer to prove otherwise. Accordingly, a copyright registration pays for itself several fold should legal proceedings be commenced for copyright infringement.
Investigation and Enforcement
With the near ubiquity of the Internet, copyright infringement has become increasingly rampant over previous decades. A comprehensive investigation and enforcement strategy is essential to protecting the copyright in your original expressive works.
At iMAGINE, we are experienced in investigating copyright infringement and taking the necessary action, whether inside or outside of the courts, to ensure clients receive appropriate compensation for any unauthorized reproduction of their copyrighted works.
Contract Negotiation and Preparation
It is wise to prepare a contract prior to the commencement of any project involving original expressive works, and prior to the engagement of any staff or contractors with respect to the project. A contract clarifies who owns copyright in what works, and on what terms the other parties to the project can use the copyrighted works. By putting the terms in writing in advance, the true intention of the parties is made clear at the outset. A contract pays for itself several fold should the need arise to enforce your copyrights.
At iMAGINE Intellectual Property Law, we have assisted parties with their initial contract negotiations and with the preparation of contracts governing copyright and related intellectual property.
We are also experienced in preparing contracts governing the assignment of copyright, the licensing of copyright, and the payment of royalties.
What is an Industrial Design?
"Industrial design" refers to features of shape, configuration, pattern or ornament and any combination of those features that, in a finished article, appeal to and are judged solely by the eye. An industrial design registration (a "design patent" in the U.S.) protects the non-utilitarian aspects of the appearance of an object. Industrial designs have been registered against the shaping of bottles, cars, electronic devices, and countless other products.
Why Register an Industrial Design?
In Canada, an industrial design must be registered to be protected; there is no protection in an unregistered industrial design. Registration gives the owner of the industrial design a ten-year monopoly over the design from the date of the registration.
Are there Other Ways to Protect the Appearance of an Object?
Yes. Copyright can be used to protect three-dimensional artistic works. However, if the artistic work is a useful article, copyright ceases to subsist where the article is produced in a quantity greater than fifty.
The appearance of an object can also be protected by trade-marks law, provided that the object's appearance has become distinctive. For a design that is unknown to the public, trade-marks law is of little assistance.
D
INDUSTRIAL
DESIGNS
Click here to see an example of
an industrial design registration
for a toy car.
Trade Secrets
A trade secret is information which confers an economic benefit to its owner by virtue of being kept confidential from the public. An example is a unique blend of spices used by a restaurant. Such information is only disclosed to persons on a need to know basis (e.g. employees), and such persons are required to maintain its secrecy by contract (whether express or implied).
At iMAGINE Intellectual Property Law, we can assist in all matters pertaining to trade secrets, including preparation of confidentiality and licensing agreements, drafting of clauses for standard employment contracts, and litigation over disputes pertaining to trade secrets.
Access to Information and Privacy
Federal and Provincial legislation allows the public to access certain information held by the government. However, this right to access is tempered by the rights of individuals, corporations, and institutions to privacy. There is also legislation protecting the privacy rights of individuals vis-à-vis disclosure by private sector entities.
We are experienced in proceedings before the Information and Privacy Commissioner and the Ontario Superior Court of Justice with respect to access to information and privacy law matters.
Supplier Agreements
Often inventors and patent holders will engage other parties to assist in the manufacture of their product. In such cases, it is prudent to have a written agreement prepared in advance to ensure, among other things, that improvements to the invention realized during production will be owned by the original inventor and not by the supplier.
We can assist your business by preparing comprehensive supplier agreements that preserve your rights during the production process.
Trade Defamation
The communication of false statements, whether written or verbal, that tend to bring a business into disrepute are actionable at law.
We are experienced in bringing and defending actions for trade defamation before the federal and provincial courts.
Overlapping IP Rights
Different intellectual property rights can subsist in the same aspects of the same subject matter. For example, the shape of a bottle may be protected by trade-mark, copyright, and industrial design.
We can advise you as to when it is prudent to seek multiple forms of overlapping IP protection, and assist you in applying for same.
Other Matters
Intellectual property is broad and pervasive. It is impossible to list every conceivable legal service that can be rendered in relation to intellectual property. If there is any matter relating to intellectual property with which you require legal assistance, but do not see it listed on this website, please do not hesitate to contact us for a free, no obligation consultation (up to a maximum of 1 hour). Chances are we have the experience, knowledge, and legal acumen needed to assist you - at the lowest prices in town!
Canadian Intellectual Property Office (CIPO)
United States Patent and Trademark Office (USPTO)
United States Copyright Office
INTELLECTUAL
PROPERTY
OFFICES
European Patent Office (EPO)
The Trade Marks and Designs Registration Office of the European Union (OHIM)
The United Kingdom Intellectual Property Office
World Intellectual Property Organization (WIPO)
Imagine Intellectual Property Law Professional Corporation does not assume any liability or responsibility whatsoever for the currency, operation, accuracy or content of the above resources, nor for any of the interpretations, comments or opinions expressed therein.
Canadian Legislation
Patent Act
Patent Rules
Patented Medicines (Notice of Compliance) Regulations
Trade-marks Act
Trade-marks Regulations
Copyright Act
Copyright Regulations
Industrial Design Act
Industrial Design Regulations
United States Legislation
Lanham (Trademark) Act
Terms of Use Agreement
1. This terms of use agreement ("Agreement") is a legal agreement between you and Imagine Intellectual Property Law Professional Corporation ("Imagine", "we", or "us"). By accessing and using the website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. Imagine may revise this Agreement at any time, without notice, by updating this page. If there is anything with which you do not agree in this Agreement, please exit this website immediately.
2. Your use of this website does not create a lawyer-client relationship. Neither your transmission of an email to us nor receipt of your email by us creates a lawyer-client relationship. A lawyer-client relationship is created only when we expressly and mutually agree that you will retain us as your lawyers or agents. Until then, we are under no obligation to act for you in any matter, and any information you provide to us will not be protected by lawyer-client privilege.
3. We provide the information and materials on this website for general informational purposes only. They are not intended to be legal advice and should not be taken as such. If you require legal advice or assistance we strongly advise that you hire a qualified lawyer or registered agent.
4. While Imagine aims to provide information that is accurate and complete, no representations or warranties are made. We do not guarantee the accuracy, reliability or timeliness of any of the content on this website. Furthermore, we do not make any guarantees as to the functionality or service of this website. We are not responsible or liable for any damages of any nature arising from your use of this website.
5. All content accessible through this website is, unless otherwise specified, owned by Imagine and is protected by copyright and/or trade-mark law. Any use of the content in whole or in part, is prohibited without the express prior written consent of Imagine. Subject to the terms of this agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access the website for your personal, non-commercial use.
6. The contents of this website, including but not limited to services offered and rates, may be changed at any time without notice.
TERMS OF USE
Courts
Supreme Court of Canada
Federal Court of Canada
Federal Court of Appeal (Canada)
Ontario Courts
Supreme Court of the United States
COURTS AND
JUDGMENTS
Judgments
Supreme Court of Canada Judgments
Federal Court and Federal Court of Appeal Judgments (Canada)
Ontario Courts Judgments
Supreme Court of the United States Judgments
Imagine Intellectual Property Law Professional Corporation (Imagine, we, or us) is a firm that specializes in intellectual property law. We are committed to protecting your privacy. This Privacy Policy outlines how we handle your personal information to protect your privacy. If you disagree with this Privacy Policy, please exit this website immediately.
Privacy Legislation
Since January 1, 2004, all Canadian organizations engaged in commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Canadian Standards Association Model Code for the Protection of Personal Information incorporated by reference into PIPEDA. These obligations extend to lawyers and law firms, including Imagine.
Additionally, as a professional services firm, we have professional and ethical obligations to keep confidential the information we receive in the context of a lawyer-client and agent-client relationship.
Personal Information
According to PIPEDA, personal information is information about an identifiable individual. It includes but is not limited to age and date of birth, home address, social insurance number, gender, education, training, employment history, work experience, emergency contact information, personal information regarding spouse or children, financial information, and medical information. It does not include the name, title or business address or telephone number of an employee of an organization.
Collection of Personal Information
Imagine collects information as is needed to allow us to represent clients in the tasks for which we have been engaged. Imagine collects information only by fair and lawful means. Generally, we collect personal information directly from the client at the commencement of the lawyer-client or agent-client relationship.
Consent
In some circumstances, your consent is implied through the nature of an engagement by you. In other cases, we may ask you to specifically consent to the collection, use, or disclosure of your personal information. In such cases, we may ask for your consent in writing, but in some circumstances, we may accept you oral consent.
Use of Personal Information
We use your personal information to provide legal advice and services to you, to issue invoices, and to administer our record keeping and billing databases. We do not generally disclose your personal information to any third party unless necessary to fulfill the tasks for which we are engaged or unless we are compelled to do so by an order of a Court of competent jurisdiction or otherwise by law. The circumstances in which we may disclose your personal information include, but are not limited to: when filing applications with the Canadian Intellectual Property Office, where necessary to collect fees and disbursements, when engaging experts or other law firms on your behalf, when you have explicitly or implicitly consented to the disclosure, and where the information is already in the public domain.
Withdrawal of Consent
You may withdraw your consent to our collection, use and disclosure of your personal information at any time, subject to legal and/or contractual restrictions and upon reasonable notice. Your withdrawal of consent to our collection, use and disclosure of your personal information may impact our ability to represent you and provide you with legal advice.
Security
Imagine uses various safeguards to prevent against the misuse of your personal information. These safeguards include internet security software, internal passwords, and security of our physical premises.
Access to Personal Information
You have a right to access to your personal information subject to certain exceptions prescribed by law. These exceptions include, but are not limited to: denial of access required by law, denial of access to protect the privacy of others, denial of access to protect Imagines rights, when information relates to existing or anticipated legal proceedings against you, when to do so would prejudice negotiations with you, and where the request is frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct information, we shall explain why.
Changes to Privacy Policy
We reserve the right to change this Privacy Policy at any time without notice.
Website Privacy
Like most other commercial websites, we may monitor traffic patterns, site usage and related site information in order to optimize our web service. Our website contains links to the websites of other parties, and such websites are not governed by this privacy policy.
Contact Information
If you have any questions or concerns about the privacy of your personal information, please contact the firms principal, Samuel Kazen at:
Imagine Intellectual Property Law
Professional Corporation
If any complaint or inquiry is not handled to your satisfaction, you may contact:
Privacy Commissioner of Canada
112 Kent Street
Ottawa, Ontario
K1A 1H3
Telephone: 514.873.4196
Toll free: 1.800.282.1376.
PRIVACY
POLICY
© 2009 Imagine Intellectual Property Law Professional Corporation. All rights reserved. Your use of this website constitutes your agreement with our Terms of Use and Privacy Policy.
