Daniel I. Lack

Biography

Daniel I. Lack practises in all areas of intellectual property law. He regularly advises corporate clients on protecting their intellectual property rights and on their licensing needs involving trade-marks, patents, technology and trade secrets/confidential information.

His experience includes numerous appearances before the Opposition Board of the Canadian Trade-marks Office, as well as trade-mark cancellation proceedings before the Canadian Trade-marks Office and litigation before the Federal Court of Canada in intellectual property matters, including major patent litigation on behalf of clients in the photography and telephony businesses.

Mr. Lack enforces intellectual property rights for clients in the perfume/cosmetics, fashion/clothing, retailing, magazine publishing, shipping, hotel, sporting goods, health care, packaging, and food and beverage industries. He also reviews and advises clients on the acceptability of their packaging/labelling and advertising, including contests/sweepstakes under applicable federal and provincial intellectual property laws.

Mr. Lack is recognized as a person who may practise before the United States Patent and Trademarks Office in presenting and prosecuting trade-mark applications for parties located in Canada only.

Year of Call

• Alberta Bar 1977
• Quebec Bar 1970

Year of Registration

• United States (trade-marks) 2001
• Canada (trade-marks) 1970

Law School

• B.C.L., McGill University, 1968

EDUCATION

• B.A., McGill University, 1965

Publications

• Daniel I. Lack, Editorial note - Canada - Famous Marks - Supreme Court decisions to come.
• Daniel I. Lack, Coupon Programmes and Premiums - How to protect them under the Canadian Trade-marks Act, March 1995, Issue 75, Trademark World, p. 30.
• Daniel I. Lack, Canada:  Summary Cancellation Proceedings - The current state of special circumstances excusing non-use of a trade-mark, October 1995, Issue 81, Trademark World, p. 26.
• Daniel I. Lack, Canada:  Enforcement of Plaintiff's Exclusive Rights against Infringement Activities - First Interpretation by the Courts of Section 30(2) of the Industrial Design Act, November 1994, Issue 45, Copyright World, p. 42.
• Daniel I. Lack, Survey Evidence in Canada - Pitfalls and Court Approved Solutions, June 1987, Issue Seven, Trademark World, p. 16.
• Daniel I. Lack, Canada:  Peculiarities of its Trade-mark Law, February 1987, Issue Five, Trademark World, p. 30.
• Daniel I. Lack, 1012543 Ontario Inc., carrying on business as "Primax Computer Corporation" v. Primax Electronic (U.S.A.) Inc. June/July 1996, Issue 88, Trademark World, p.10.
• Daniel I. Lack, Purolator Courier Ltd. v. Mayne Nickles Transport Inc.; H.J. Heinz Co. of Canada Ltd. v. Edan Foods Sales Inc.; Nestlé Enterprises Ltd. v. Edan Foods Sales Inc. November 1991, Issue 42, Trademark World, p. 7.
• Daniel I. Lack, Intellectual property as security - Walter Canada Inc. v. Banque Nationale du Canada, June 1988, Issue Thirteen, Trademark World, p. 54.
• Daniel I. Lack, Election between damages or account of profits in a trade-mark infringement case - need not be made before the conclusion of the hearing (1987 Quebec Superior Court decision by D. Zerbisias, J.), February 1988, Issue Eleven, Trademark World, p. 5.
• Daniel I. Lack, Enforcement of common law rights under Section 7 of the Trade-marks Act - Asbjörn Horgard A/S v. Gibbs Nortac Industries Ltd., April 1988, Issue Twelve, Trademark World, p. 13.

Memberships and Activities

• Law Society of Alberta
• Intellectual Property Institute of Canada (IPIC)
• Licensing Executives Society (LES)
• Canadian Bar Association
• International Trademark Association (INTA)
• Former member Projects Editorial Board
• Founding Canadian Editor for Trademark World and Copyright World
• Formerly contributed to Protection of Corporate Names, A Country-by-Country Survey