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Shaun Cody is an associate in Gowlings’ Calgary office practising in the areas of intellectual property litigation and commercial litigation.
Shaun has extensive experience in intellectual property litigation, including acting for plaintiffs and defendants in major patent infringement matters, trade mark, trade name, and domain name disputes, copyright litigation, and litigation involving misappropriation of confidential information and trade secrets, and related issues involving employee confidentiality obligations. As well, Shaun has significant experience on related injunctive remedies, including Anton Piller, attachment and preservation orders.
He has assisted clients in seeking appropriate intellectual property protection including patent applications, licensing and royalty agreements, and non-disclosure agreements. He has made numerous presentations to the Technology and Intellectual Property subsection of the Canadian Bar Association and to the Intellectual Property Institute of Canada’s Calgary chapter on intellectual property issues.
Shaun has acted on several major commercial loss/business interruption claims, as well as misappropriation and fraud claims, associated recovery remedies, and commercial disputes. He has also successfully appeared before all levels of Court in the Province of Alberta, the Federal Court and has made successful written submissions to the Supreme Court of Canada. Shaun’s courtroom advocacy experience includes trial and appellate work, as well as chambers advocacy, special applications, and commercial arbitration. He has also acted for clients in mediation and judicial dispute resolutions.
Several recent injunctive applications which are unreported were successful in halting trade-mark, trade-name and domain name infringement/misuse.
Significant reported cases Shaun has been involved in are:
Injunctions
Capitanescu et al. v. Universal Weld Overlays Inc. et al.,(1996), 141 D.L.R. (4th) 751, 71 C.P.R. (3d) 37 (Alta. Q.B.). Very early in his legal career, Shaun argued what has become one of Alberta's leading cases on Anton Piller injunctions.
Limitation issues
Rosenich v. Welke, 2003 ABQB 876 (CanLII) (Alta. Q.B.) Shaun successfully opposed attempts to add further defendants years after environmental contamination was first discovered.
Appellate Advocacy
Palechuk v. Fahrlander,(2006), [2007] 397 A.R. 151, (2006), 273 D.L.R. (4th) 332 (Alta. C.A.) The transfer of farm property to by father to sons (Shaun’s client) was confirmed on appeal and the plaintiff's allegations of civil conspiracy were likewise dismissed. The Plaintiff's application for leave to appeal to the Supreme Court of Canada was dismissed.
Defamation/Passing Off
Inform Cycle Ltd. v. Draper,(2008), 67 C.P.R. (4th) 151, 438 A.R. 80 (Alta. Q.B.). Shaun obtained damages for defamation and passing off in respect of a domain name confusingly similar to his client's website.
Universal Weld Overlays Inc. v. Shaben,(2001), [2003] 305 A.R. 305, (2001), 16 C.P.R. (4th) 521 (Alta. Q.B.) Shaun recovered damages for his clients after business competitors made unfounded allegations of patent infringement. The damage award in favour of Shaun’s clients was one of the larger awards ever by an Alberta Court for defamatory statements.
Patent Infringement
Capitanescu et al. v. Universal Weld Overlays Inc. et al. [1997] A.J. No. 740 75 C.P.R. (3d) 145 (Alta. Q.B.). Shaun successfully defended his clients against allegations of patent infringement in respect of welding technology.
- “Case law affects how ex-employees may use trade secrets,” The Lawyers Weekly, June 26, 1998.
- ”Remedies” presentation to CBA Technical & Intellectual Property subsection, 2000.
- ”Section 7 of the Trade-marks Act – An Underused Remedy?” presentation to Calgary IPIC chapter, 2002.
- ”Canadian Courts treat biotech differently,” The National Law Journal, January 2004.
- “That’s my company name – Stop using it! An overview of trade name disputes” presentation to CBA Technical & Intellectual Property subsection, 2004.
- Reviewer, Canadian Bar Association National Intellectual Property Subsection IP case summaries.
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