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Michal Kasprowicz

Michal Kasprowicz

Associate
Patent Agent and Trademark Agent
About

Michal’s practice focuses on patent and trademark litigation. He has also prosecuted patent and trademark applications and is a registered Patent and Trademark Agent.

Michal has represented clients at all stages of the litigation process: providing pre-litigation opinions, drafting pleadings, attending discovery, preparing expert reports, arguing motions, and appearing at mediations and trials. Building on his technical background, Michal has participated in disputes encompassing electronics, television and lottery systems, mining, recreational vehicles, playground equipment and commercial products and services.

Beyond his experience in prosecution and litigation, Michal is also a sessional lecturer at the University of Windsor Law School, teaching Trademarks and Unfair Competition. 

Prior to entering law school, Michal worked in the power distribution field. 

Bar admissionsOntario, 2013

EXPERIENCE

  • G&W Distilling et al v. MXM Beverages (Federal Court File No T-890-19); G&W Distilling et al v. Northam Beverages (Federal Court File No. T-779-19) – represented plaintiff in action asserting trademark and trade dress rights related ‎to vodka soda beverages.‎
  • Diligent Corporation v. Dilitrust SAS et al (Federal Court File No. T-1775-18) – represented an international software-as-a-service company in a trademark dispute in Canada, in conjunction with multi-jurisdictional litigation.
  • Petline Insurance Company v Trupanion Brokers Ontario Inc. (Federal Court File No. T-1626-18) – represented respondent in an application brought by a competing pet insurance company. Allegations related to purported false and misleading statements and depreciation of trademark goodwill, all of which were successfully dismissed. 
  • Edibles Arrangements LLC v. Vaav et al (Federal Court File No. T-218-18) – represented a ‎leading franchisor in an industrial design and trademark infringement suit against an ‎online infringer, and successfully obtained default judgment, damages, and transfer of the ‎domain names at issue.‎
  • Tivo Solutions Inc. and Rovi Guides Inc. v Videotron Ltd (Federal Court File No. T-921-17) – represented Videotron ‎against patent infringement allegations relating to electronic program guides and ‎personal video recording technology including in Canada’s first virtual patent trial.
  • Pollard Banknote Ltd. v. BABN Technologies Corp. (Federal Court File No. T-407-14) – represented plaintiff in a patent impeachment proceeding concerning a lottery validation system utilizing a two-dimensional barcode. Successfully proved that the patent at issue was invalid based on obviousness and ambiguity. Also successfully obtained an increased costs award.
  • Corocord Raumnetz GmbH v. Dynamo Industries Inc. (Federal Court File. No T-339-14) – successfully established that copyright existed in the plaintiff’s playgrounds. This was a precedent setting case in Canada as it was the first to consider the scope of subsection 64(2) of the Copyright Act. 
  • Langeman Manufacturing Limited v Knifeless Technology Systems Inc. et al (Federal Court File No. T-1925-13) – represented defendant in a patent infringement action relating to automobile wrapping tape, leading to successful settlement.
  • E. Mishan & Sons Inc. et al. v Supertek Canada Inc. et al (Federal Court File No. T-1112-13) – represented defendant by counterclaim in a summary trial relating to claims of false and misleading statements, which were ultimately dismissed.
  • Bombardier Recreational Products Inc. v. Arctic Cat Inc. (Federal Court File No. T-2025-11) – represented defendant in a patent action relating to a patent claiming a snowmobile frame configuration and three patents claiming a rider position on a snowmobile.
  • International Control Systems et al v Haier America Trading LLC (Federal Court File No. T-1654-11); International Control Systems et al v Best Buy Canada Ltd. (Federal Court File No. T-1653-11) – represented patent holder in infringement allegations relating to sound regulation technology, leading to successful settlement.
Languages
  • English
  • Polish
Education
  • J.D., University of Windsor, 2012
  • B.A.Sc. (Electrical Engineering) with Distinction, University of Windsor, 2009
  • Strategic Space Law Course, Centre for Research in Air and Space Law, McGill University

Awards

  • IP Stars - Rising Star, Managing Intellectual Property, 2020
  • Honourable Justice Robert Abbey Award for Outstanding Special Lecturer, University of Windsor Law, 2018

Publications

  • Contributor, "Trade Marks 2022," Chambers Global Practice Guides
  • Co-author, "Law and Practice" (Canada Section), Chambers Trade Marks Global Practice Guide, 2022
  • Co-author, "Risks and Benefits of Blockchain Patents", Electronic Commerce & Law Report, July 5, 2017
  • Co-author, "Trader v. CarGurus", Leading Internet Case Law, June 27, 2017
  • Co-author. “Europe, U.S. reforming trade secret laws”, The Lawyers Weekly, September 2016
  • Co-author, “How Canadian firms can fight imported knockoffs”, The Lawyers Weekly, June 2016
  • Co-author, "A drag on innovation?", The Lawyers Weekly, September 2015
  • Contributing author, “Patents: Year in Review” (presented at the IP Year in Review), Law Society of Upper Canada, Toronto, 2012-2014, 2016
  • Contributing author, DLA Piper Intellectual Property Law Newsletter (IntellProp. L. Nws) – IP Source (Westlaw), 2014 - present  

Memberships And Affiliations

  • Member, Canadian Bar Association

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