Jean-Sébastien Dupont's practice focusses on litigation in the areas of trade-marks and patents. He regularly conducts legal research, particularly relating to trade-mark and patent law, and is involved in drafting statements of claim and various motions, including motions for leave to appeal to the Supreme Court. He also has significant experience in the preparation of written submissions to the Federal Court of Appeal.
Mr. Dupont's technical background is in computer science. He completed a three-year CEGEP program as first in his class and subsequently worked as a quality assurance analyst in a software engineering firm before pursuing legal studies.
In 2008, Mr. Dupont completed introductory courses in Chinese law at the China University of Political Science and Law in Beijing. He received numerous awards and accolades from the Université de Montréal during the course of his legal studies. In his final year of law school, Mr. Dupont acted as a research assistant to a Justice of the Quebec Court of Appeal.
Mr. Dupont was awarded a First Class grade from the University of Cambridge for his Master of Law thesis, which focussed on the notion of trade-mark use and addressed the issue of invisible use of trade-marks in meta tags and keyword advertising, as well as the subliminal use of trade-marks in new marketing techniques.
Phostech Lithium Inc v Valence Technology Inc, 2011 FCA 107 — With François Guay and Jeremy Want, successfully represented Phostech Lithium Inc. in having the Federal Court of Appeal stay the execution of the Federal Court judgment in a patent infringement case, thus allowing Phostech's 50 factory employees on the South Shore of Montreal to resume work.
UGroupMedia Inc v Bell Canada Inc, Quebec Superior Court 500-17-062683-100 — With Daniel Drapeau, successfully represented Bell Canada in opposing motions for an interim injunction and safeguard measures seeking to prevent Bell from offering its free Magic Santa interactive Christmas cards for kids based on copyright infringement allegations.
Year of Call
Canada has historically been a much less active jurisdiction for patent litigation compared to the United States, which can be explained in part by the simple fact that the US market is almost 10 times the size of the Canadian market. However, there are a few notable differences in the procedure and substantive law applied in both jurisdictions that have resulted in Canada becoming an increasingly attractive option for high-stakes patent litigation in recent years.
The Federal Court of Appeal recently dismissed an appeal against an interlocutory injunction directed at retailers of set-top boxes that are configured or 'pre-loaded' with various applications that provide their users with unauthorised access to copyrighted television content. In particular, the court held that it was open to the motion judge to infer that purchasers of pre-loaded set-top boxes had an incentive to cancel their subscription with the plaintiffs permanently.
The Federal Court recently confirmed that Imperial Tobacco is entitled to elect an accounting of Philip Morris's profits resulting from the infringement of its rights in the MARLBORO trademark in Canada. This decision will likely become significant precedent for Canadian litigants, as this was the first opportunity in decades for the Federal Court to conduct an in-depth assessment of the issue of entitlement to profits in the trademark context.
Employees are the source of some of their employer's most valuable intangible assets, including its IP assets. It is paramount for businesses to ensure that they own the IP assets generated by their employees. The rules that apply to employer-employee relationships vary greatly between copyright, patents and industrial designs. Businesses should ensure that contracts include clauses pertaining to the transfer of IP rights.
The attorney general of Quebec, who represents the Office québécois de la langue française), has filed a notice of appeal of the Quebec Superior Court decision confirming that businesses can continue using their registered trademarks on public signs outside their premises in the province of Quebec without the need to add French generic language.
On April 9 2014 the Quebec Superior Court issued its long-awaited decision in the matter of the interpretation of Quebec's French Charter and its interplay with trademarks. The court confirmed that businesses can continue to use their registered trademarks on public signs outside their premises in the Province of Quebec without the need to add French generic language.
The Federal Court recently found the COHIBA trademarks for cigars and cigarillos to be well known and iconic in Canada based on expert evidence establishing use of the brand in media, including film, television, music and print. Trademark owners could now use this evidence to establish a brand's reputation and strengthen its scope of protection.
The International Trademark Association (INTA) has been granted leave by the Quebec Superior Court to intervene in a declaratory judgment proceeding pertaining to the interplay between Quebec's Charter of the French Language and trademarks.