Mark Edward Davis

PartnerNorton Rose Fulbright Canada LLPIntellectual Property & Technology; In-House Counsel; Litigation and Dispute Resolution

Mark is an accomplished intellectual property litigator. He is certified as a specialist in intellectual property (patents/trademarks/copyright) by the Law Society of Ontario. Mark has significant experience in trademark and patent litigation, and in anti-counterfeiting, trade secret and breach of confidence, copyright and industrial design disputes. Mark has successfully argued numerous precedent-setting intellectual property cases at trial and on appeal.  Described as a “gifted appellate and trial lawyer” who “inspires confidence” and provides “smart and practical” advice, Mark is consistently recognized by clients and peers for both his trademark and patent litigation skills in publications such as LEXPERT, Best Lawyers in Canada, IAM Patent 1000, WTR Trademark 1000 and IP Stars.

Mark is an accomplished intellectual property litigator. He is certified as a specialist in intellectual property (patents/trademarks/copyright) by the Law Society of Ontario. Mark has significant experience in trademark and patent litigation, including proceedings under the Patented Medicines (Notice of Compliance) Regulations, as well as in anti-counterfeiting, trade secret and breach of confidence, copyright and industrial design disputes. Mark has successfully argued numerous precedent-setting intellectual property cases at trial and on appeal.

Described as a “gifted appellate and trial lawyer” who “inspires confidence” and provides “smart and practical” advice, Mark is consistently recognized by clients and peers for both his trademark and patent litigation skills in publications such as LEXPERT, Best Lawyers in Canada, IAM Patent 1000, WTR Trademark 1000, IP Stars and Benchmark Litigation.

Mark's extensive publications include "Chapter 2 — Trademark Litigation" published in Intellectual Property Litigation Forms and Precedents (Toronto: LexisNexis, 2016).

Mark is the author of the Trademark Disputes topic in Practical Guidance's Intellectual Property & Technology module.

Education

  • University of Victoria, LL.B., 1999
  • University of Western Ontario, B.A. (Hons.), 1993

Bar Admission

  • Ontario, 2001

Experience

  • Amgen Inc. and Amgen Canada Inc. v. Pfizer Canada ULC, 2020 FC 522
  • McCain Foods Limited v. J.R. Simplot Company, 2019 FC 1635
  • Bayer Inc. v. Fresenius Kabi Canada Ltd., 2016 FC 581 and 2016 FC 970
  • Lorama Group Inc. v. Lenz et al., 2015 ONSC 5915
  • Denturist Group of Ontario v. Denturist Association of Canada, 2014 FC 989
  • Bodum USA, Inc. v. Meyer Housewares Canada Inc., 2012 FC 1450, affirmed 2013 FCA 240
  • Michael Kors, LLC v. Beyond the Rack Enterprises Inc., 2012 FC 1355, affirmed 2013 FCA 107
  • Oz Optics Limited v. Timbercon Inc., 2011 ONCA 714

Awards & Honours

  • LEXPERT® Magazine, 2015 - 2021 — Consistently Recommended for Intellectual Property Litigation
  • Best Lawyers in Canada, 2014 - 2021 — Intellectual Property Law
  • IAM Patent 1000: The World's Leading Patent Professionals, 2013 - 2020
  • WTR 1000 — Guide to the World’s Leading Trademark Professionals, 2015 - 2021
  • IP Star, Managing Intellectual Property, 2015 – 2021 — Patent Litigation and Trademark Litigation Star

Associations

  • American Bar Association / American Bar Foundation
  • Canadian Bar Association
  • Intellectual Property Institute of Canada
  • International Trademarks Association
  • The Advocates' Society