Our services are tailored to meet your specific needs. Whether you are an artist or a production company, our efforts provide effective entertainment solutions.
Pre-contractual negotiations and clearly-drafted agreements provide surety and confidence which can be seen in long-term operations.
We take the hassle out of negotiating intimidating contracts by explaining all terms clearly and by outlining legal options.
We offer bespoke services to suit your business needs.
We understand that not all businesses are the same, and we provide unique solutions for all corporate requirements.
Whether you are considering purchasing a business or you are starting a new business, our services are comprehensive, affordable, and efficient.
If you have already been in operation for a number of years and simply require revision of pre-existing documents, we offer exclusive discounts on amendments and document revision.
Contact a member of our legal team to take advantage of the services we provide.
Saidi Law Corporation is a leading corporate and commercial practice with international experience in complex matters and high-value cross-border contracts. The team at Saidi Law Corporation has a particular focus on commercial investments, competition law, financial services and taxation.
Legally registering your creative idea can be exhilarating yet daunting. From knowing the differences between copyrighting, patenting, or trademarking your idea, to searching registries for current creations, understanding the nuances that come with protecting your creation can mean the difference between securing legal ownership and losing well-earned rights over creative works.
Our services are designed to provide carefully planned solutions and protection from infringement.
A copyright protects your interest in a particular work. Copyrighted work can include written works, poems, paintings, musical performances, songs, computer programs, and phrases. As copyrights come in many different forms, they are sometimes difficult to ascribe value to.
When someone infringes your copyright, it means they have used your work without your authorization or consent. The purpose of copyrighting a particular piece of work is to promote creativity while protecting the exchange of ideas.
If a work is copyrighted, it means you cannot use it or otherwise publicly publish it in any format (digital or non-digital). Some copyright owners allow copyrighted work to be used for personal use. If a copyright owner allows a work for personal use, they will usually explicitly state so, in writing.
If someone has infringed on your copyright, you could be eligible for financial compensation and other legal remedies.
If you have received a demand letter from an individual or corporation claiming infringement of their copyright, there are a few things to consider.
You could have a valid claim with respect to using or publishing the copyrighted work.
One defense is the defense of public domain. When a work is in “public domain”, it means that it is available to be used publicly and that it is not subject to copyright.
Protecting your patent effectively and vigorously are Saidi Law Corp’s endeavors. Our experienced patent prosecutors work with you to ensure that any infringement of your patent is brought to your attention.
Saidi Law Corp offers monthly monitoring services of your registered patent, and we offer tailored solutions to handle infringements of your patent.
We take patent infringement seriously and on instruction, pursue all claims of infringement to ensure that your brand and interests are protected.
Our dedicated patent team have experience with most fields in today’s marketplace, including technology, the textile industry, cryptocurrency patents, the health and nutrition field, and the beauty industry.
A brief overview on Patents:
Patents in Canada are governed by the Canadian Patent Act (RSC 1985, c P-4). While all claims of patent infringement are governed under this Act, case precedent (case law) also plays a role in determining financial awards, including damages for patent infringement.
In the United States, patents are governed by the U.S. Patent Act (35 U.S. Code). The United States Patent and Trademark Office (USPTO) provides regulations on injunctive relief and damages in the event of infringement.
As there are two forms of patent infringement, it is important to understand which form applies to your particular situation:
Direct Patent Infringement
Direct Patent Infringement occurs when an individual or company, “interferes” with another individual or company’s right to sell the patent to others or to allow it to be used, and it is done so without the registrant’s consent.
Indirect Patent Infringement
Indirect Patent Infringement occurs when an individual or company “induces” another person or company to infringe a patent. As there are different factors for determining if and how indirect infringement occurs, it is important to contact a reputable licensed patent prosecutor if you believe your patent has been infringed.
A trademark is a sound or design that is used to distinguish goods from one person or company to another. Trademarks can also represent a combination of words, sounds, or phrases.
Companies choose to trademark their ideas once they have determined that they have a brand or corporate interest to protect.
When incorporating your company, it is often a good idea to complete the trademark registration process as well. As the trademark filing process can take anywhere from 12 to 16 months, it is a good idea to begin planning a strategy for the protection of your corporate interests from the onset.
Trademarks are registered under one of three categories:
(i) Ordinary Mark Category
An ordinary mark is a trademark that is made up of words, ;designs, sounds, or a combination of these variables. These variables distinguish one company or person from another.
(ii) Certification Mark Category
This category allows a trademark to be licensed to several individuals or companies for the purposes of indicating to the public that the trademark meets one (1) corporate standard.
(iii) A Distinguishing Guise
A Distinguishing guise is trademark based on the shape of the products or goods. Other identifiers include the shape of the packaging that are distinct or unique to a company.
In addition to incorporation services, we offer trademark consultation and filing services in both the United States and Canada.
Protecting your legal interests against trademark infringers is one of the most important steps to take in business. Protecting your interests means that customers and clients will not confuse your brand with other brands. It also means that your brand is associated with the type of values that represent your company.
While it’s typically more cost-effective to settle trademark disputes out of court, it is not always possible to prompt an infringer from using your trademark, and often times the infringement causes substantial losses, requiring litigation.
Regardless of whether your trademark is registered or unregistered, Canada’s Trademarks Act allows for the protection of trademarks used in Canada.
In addition to unauthorized usage of your trademark, an individual or business can file a suit for false and inaccurate statements made by others that are used to discredit a particular person or business. Additionally, an individual can sue for the depreciation of good will caused by the misuse and unauthorized use of their registered trademark. As good will is paramount to establishing a business, suits based on these grounds tend to have competitive success rates.
Our litigators have the requisite trademark litigation experience to take your case to the next level. We work with you to find the most efficient solution and we maximize our resources to put your best case forward.
A Section 45 application allows an individual or company to request that a trademark registration be removed from the Canadian Register of Trade-marks if the owner of the trademark has not used the trademark during a three-year period prior to the date of the Section 45 Notice.
The three years preceding the Section 45 Notice is known as the “relevant period”.
The onus is on the person or company receiving the Section 45 Notice to establish that the trademark was used during the relevant period. The respondent (the individual receiving the Section 45 Notice) usually relies on invoices, affidavits, bills, photographs, and other documents that establish usage of the mark. The respondent has three months from the date of the Section 45 Notice in order to file its evidence.
In certain situations, a respondent may rely on exceptional or special circumstances to demonstrate non-use of the trademark if it cannot be established that the trademark was used during the relevant period.
Written representations are usually submitted by the Section 45 applicant within four months of being issued a notice to submit written representations by the Canadian Intellectual Property Office (CIPO).
If you have received a Section 45 Notice or if you require a Section 45 filing, get in touch with our experienced trademark attorneys and we will work to respond or file your application promptly.
Industrial designs are goods and products that are designed to look a certain way. Elements of the design include shapes, patterns, configurations, fixtures, fittings, features, or a combination of these elements.
Industrial design protection is designed to protect products in the following categories:
If you have reason to believe that an individual or company has used your industrial designs without your consent, there are a number of options to pursue the matter.
You can pursue the case through provincial court of Federal Court. As Federal Court has jurisdiction over national statutes, it cannot hear actions where the action is based on a breach of contract or common law torts. Most industrial design cases are heard in Federal Court however.
Our patent and trademark team are well-versed in copyright and patent designs created for industrial use. Our patent and trademark team take the time to understand your business and its needs. We focus on the details of your industrial design and file your application in accordance with Industrial Design Act requirements. We understand the importance of protecting your carefully crafted marksmanship and work with you to ensure that your designs are secured. Get in touch with our patent and trademark team for a consultation or industrial design filing today.
We offer pre-litigation and lawsuit drafting assistance at the settlement and trial level. We help put your best case forward. Well-researched, strategic arguments allow us to settle your issue in a cost-effective, efficient manner.