Category Archives: Practice Areas 1

Video game development and licensing

Ontario Trademark Lawyers and its lawyer professionals assist artists and entertainers with video game development business representation. We provide answers to questions that most commonly occupy the minds of video games developers. We can assist you to protect your video game and also avoid unnecessary future problems. We assist you with the drafting of agreements for developing mainstream video games on mobile and tablet apps, and video games for social websites such as Face book, or any other up and coming social media platform.

As a video game developer, you want to be assured that your work is safe and your rights are protected. Without the right legal agreements, it may be difficult for you to track who is responsible if your video game is infringed or stolen in the future.

Not only are you going to want to protect your creative works as a video game developer and/ or licensor with copyrights and trademarks, you should also protect your work as trade secrets. You have trade secrets in your video game design, your marketing and business plan for the video game, the source code and pricing. However, to be protected, your trade secrets, as the name implies, have to remain a secret to the public and cannot be of general public general knowledge.

In other words, you have to take necessary steps to ensure that your trade secrets remain perpetually a secret. This involves using firewalls, entering into non-disclosure agreements with your employees and independent contractors so that they will keep their mouth shut both when they are working for you and after they have left your business. It also means taking every other foreseeable means to keep your video game trade secrets from becoming known to other members of the public. Remember that your trade secrets should be hidden from your investors and sponsors as well. Of course, they can share in the pie, but not in the process.

It is very crucial that at your video game development stage, if you approach a party who is not willing or ready to sign a non-disclosure agreement, you should simply walk and look for someone else. Refusing to sign a non-disclosure agreement is already a red flag that the person possibly has some hidden negative intentions. A well-crafted non-disclosure agreement should have the following basic features: name of the parties, brief summary of the confidential information without revealing its particulars, exceptions that may apply, description of what is protected, the duration of the agreement, obligations of the party signing the agreement, consequences for breach, the jurisdiction that governs the law, among others.

It is recommended that you copyright every possible element of your video game that can be protected, from your design, to your animation, and advertising materials, the dialogue or story used in the video game, and anything else related to your video game that constitutes a copyrightable work. Without copyright registrations, you won’t be able to seek damages in a court of law, which means others using your trademark prior to your trademark registration can obtain common law rights by virtue of their prior usage.

Should the copyright or trademark in your video game be infringed, that is, used by others without your permission or consent, we will send a demand notice to the infringers requiring them to cease and desist from such infringement. If they fail to comply, we will commence litigation against those infringing your video game copyright and trademark.

We will prepare work-for-hire or independent contractor agreements and copyright assignment agreements for you. This will help you to retain full ownership of every right in your video games. With a properly crafted copyright assignment agreement, the frequent issues that arise in work-for-hire or independent contractor agreements can be overcome. This will save you from a lot of tax problems from Canada Revenue Agency.

At Ontario Trademark Lawyers, we strive to develop innovative solutions to our client’s entertainment and media disputes. We utilize our relationships and experience to help our clients resolve issues in a way that avoids or minimizes the breakdown of working relationships and protects our client’s future professional opportunities.

When a developer signs a game publishing contract, he would have the opportunity of completing new and existing game projects. It is necessary to sign contracts with a good game publisher since the publisher has established networks and relationships that can assist in the marketing of the games. Basic features of a standard game publishing contract include: obligations of both the developer and publisher, term of the agreement, warranties of both parties, indemnification in case a party turns out not to have the rights represented, net revenue which is arrived at after overall expenses, royalties and payment remittance methods, accounting, confidentiality, what constitutes a material breach, and method of resolving disputes.

At Ontario Trademark Lawyers, we ensure that your interests are fully covered in all the above features of a game publishing contract. In addition, Ontario Trademark Lawyers assists clients with the following: contracts for e-commerce business, internet marketing, misappropriation of trade secrets, intentional and negligent and fraudulent misrepresentation, interference with economic rights and contractual relations, privacy rights, unfair competition, deceptive trade practices, copyright infringement, trademark infringement, intellectual property infringement, false advertising, loss of business reputation, online defamation, defamations, and slander. We represent individuals, family held businesses, start up corporations, as well as medium and multi-dollar corporations.

To set up an appointment and to find out more about our Video Game Development and Licensing services, you can call us on 416-840-5572, or Toll Free: 1-888-672-7266.

Business hours
9am – 5pm Monday to Friday, 1pm – 5pm.
We work Monday to Friday, Saturdays and on holidays by appointment.

Contact Us:
Ontario Trademark Lawyers
WaterPark Place
20 Bay St, Suite 1105
Toronto, Ontario M5J 2N8, Canada
Phone: 416-783-8378
Fax: 416-782-2286
Toll Free: 1-888-672-7266
Email:Info@OntarioTrademarkLawyers.com

Entertainment law

We handle all legal matters related to the entertainment industry from the creation and acquisition of literary material and its development through financing, production, brand integration and distribution, including the exploitation of re-purposed content and other transmedia opportunities. Examples of our Entertainment Law services include:

  • Entertainment finance through co-productions, joint ventures and private investment
  • Motion picture production and distribution for all existing and new applications and distribution platforms
  • Revenue creation through Internet and new media applications and distribution platforms
  • International motion picture co-productions/tax credits/rebates
  • Government production subsidies and tax breaks in Canada, the US, and foreign countries active in motion picture production
  • Protecting rights to intellectual property and content in original and new media applications, including repurposed content and transmedia projects
  • Representing and advising creative and technical talent: actors, directors, writers, producers, composers, graphic artists, designers and Web professionals
  • Business transactions in the sports industry, from player contract negotiations to product endorsements, publishing deals and new media opportunities
  • Contracts and agreements in all facets of the industry.

Our firm provides a dynamic entertainment practice to entertainment clients in the areas of film and television production legal, distribution and financing, LLC and securities, music, copyrights, trademarks and intellectual property. Together, our attorneys and experienced staff form a powerful legal team that aggressively pursues clients’ rights. We are skilled negotiators and trial lawyers who have a proven record of success in and out of the courtroom. In addition, we are driven to provide quality legal service that is responsive to the unique, personalized needs of each client. Due to our firm’s size and flexibility, we have the ability to give personalized legal service that a larger firm may not be able to provide.

To set up an appointment and to find out more about our Entertainment Law services, you can call us on 416-840-5572, or Toll Free: 1-888-672-7266.

Business hours
9am – 5pm Monday to Friday, 1pm – 5pm.
We work Monday to Friday, Saturdays and on holidays by appointment.

Contact Us:
Ontario Trademark Lawyers
WaterPark Place
20 Bay St, Suite 1105
Toronto, Ontario M5J 2N8, Canada
Phone: 416-783-8378
Fax: 416-782-2286
Toll Free: 1-888-672-7266
Email:Info@OntarioTrademarkLawyers.com

Television Documentaries

For the past several decades, popularity of television has taken a new leap. With the increasing popularity, problems have also increased. People who telecast their programs, advertisements and many other people associated with television industry go through various problems that can cause loss to their business or might create hindrance in telecasting their shows and programs, etc.

To overcome such issues, various television laws have been made so that things may function properly. Notwithstanding, still problems occur and people find specialized litigators who can fight their case effectively when it is related to television.

Moreover, the dispute related to television comes under the ambit of entertainment law. The lawyers who have specialization in entertainment law can actually take up your case. We at Ontario Trademark Lawyers have specialized team of lawyers who are experienced in entertainment law. Moreover, we have experience in television disputes.

our lawyers have extensive expertise in television law. Our lawyers have represented recording artists, songwriters, independent record labels, music publishers, producers, and even concert promoters in the past and have come out with good success stories.

If you want a consultation, then also we are here to help you as our lawyers advice producers, writers, production companies and actors on different issues. Moreover, we can also help you in preparing the following agreements:

  • Purchase Agreements
  • Error and Omissions opinions
  • Cast and Crew agreements
  • Releases
  • Distribution agreements and all television-related agreements

If you are troubled with any issue that is related to entertainment law in general or television in particular, please feel free to contact us and we will be pleased to help you.

To set up an appointment and to find out more about our Television services, you can call us on 416-840-5572, or Toll Free: 1-888-672-7266.

Business hours
9am – 5pm Monday to Friday, 1pm – 5pm.
We work Monday to Friday, Saturdays and on holidays by appointment.

Contact Us:
Ontario Trademark Lawyers
WaterPark Place
20 Bay St, Suite 1105
Toronto, Ontario M5J 2N8, Canada
Phone: 416-783-8378
Fax: 416-782-2286
Toll Free: 1-888-672-7266
Email:Info@OntarioTrademarkLawyers.com

Book and magazine publishing

Ontario Trademark Lawyers is a firm of book and magazine publishing lawyers that represent book authors and writers in all areas of publishing law in Ontario and Canada. Ontario Trademark Lawyers provides writers and book authors with legal advice and assistance in copyrights, copyright infringement, trademarks, trademark infringement, music, film, television, among others.

Most importantly, we assist publishers and book authors in all areas of publishing contract, including

  • Traditional Book Publishing Contracts
  • Self-Publishing Agreements
  • Licensing Agreements
  • Adaptation Agreements
  • Collaboration Agreements
  • Acquisition of Literary Rights
  • Graphic Design Agreements
  • Ghostwriter Agreements
  • Illustrator Agreements
  • Work for Hire Agreements
  • Independent Contractor Agreements
  • Employment Contracts

If you are looking for the best, then consider Ontario Trademark Lawyers, top lawyers with experience in publishing issues. We are here to assist you.

To set up an appointment and to find out more about our Book and Magazine Publishing services, you can call us on 416-840-5572, or Toll Free: 1-888-672-7266.

Business hours
9am – 5pm Monday to Friday, 1pm – 5pm.
We work Monday to Friday, Saturdays and on holidays by appointment.

Contact Us:
Ontario Trademark Lawyers
WaterPark Place
20 Bay St, Suite 1105
Toronto, Ontario M5J 2N8, Canada
Phone: 416-783-8378
Fax: 416-782-2286
Toll Free: 1-888-672-7266
Email:Info@OntarioTrademarkLawyers.com

Intellectual Property

What do you understand by Intellectual Property? Intellectual property is a unique art or invention that someone physically creates. Intellectual property cannot be a mere idea. It is a vast section that includes copyrights, patents, trademarks, designs and trade secrets.

At Ontario Trademark Lawyers, we help you to get the correct type of intellectual property protection and prevent people from infringing or stealing your art or invention by protecting the following:

  • The names of your brands or products
  • your inventions
  • The design or look of your product
  • Things you write, make or produce

In simple terms, we can help you in protecting all your copyrights, patents, designs, trade secrets and trademarks. We understand the importance of corporate image and brand building, thus we strive hard to help you in all the areas of intellectual property.

Elaborating on our intellectual property services, below are some of our quality services:

  • Patent filing and prosecution
  • Patent infringement opinions
  • Patent availability and validity opinions
  • Registration of trademarks and copyrights
  • Acquisition and exploitation of trademarks and copyrights
  • Protection and enforcement of trademark and copyrights
  • Licensing
  • Protection of corporate and business names
  • Development and securing of goodwill and trade secrets
  • Trademark clearance searches and risk analysis
  • Trademark oppositions and cancellation proceedings
  • Protection of logos, labels, designs and packaging
  • Technology Transfer
  • Drafting licensing agreements for transfer of technology
  • Handling trade secrets

With such a vast range of services, we warmly welcome people who go through numerous Intellectual Property issues. Contact us immediately for your intellectual property needs as we are always here to serve you. We assure you that we will do our best to satisfy you as our clients always come first.

To set up an appointment and to find out more about our Intellectual Property services, you can call us on 416-840-5572, or Toll Free: 1-888-672-7266.

Business hours
9am – 5pm Monday to Friday, 1pm – 5pm.
We work Monday to Friday, Saturdays and on holidays by appointment.

Contact Us:
Ontario Trademark Lawyers
WaterPark Place
20 Bay St, Suite 1105
Toronto, Ontario M5J 2N8, Canada
Phone: 416-783-8378
Fax: 416-782-2286
Toll Free: 1-888-672-7266
Email:Info@OntarioTrademarkLawyers.com

Contests and Sweepstakes

Ontario Trademark Lawyers has extensive experience in helping advertisers and promoters run successful nationwide contests and sweepstakes. In Canada, every province has a different set of rules regarding contests and sweepstakes. Our lawyers are able to help you run your promotion or marketing contest within the provincial laws, while giving you the confidence that you are handling the details adequately.

In Canada, promotional contests are generally governed by the federal Competition Act and Criminal Code, as well as the privacy legislation and contract law. In addition, Quebec has a regulatory regime that is separate from governing contests, which means that Quebec requirements should indeed be complied with.

At Ontario Trademark Lawyers, we work with in-house lawyers, marketing departments, advertising agencies, and sweepstakes administrators to help ensure the ethics and compliance of advocacy of all variations.

Given that the unwarranted conveyance of a promotional contest can lead to civil or criminal culpability, it is important to survey prospective promotional contests for compliance with key federal and provincial laws.

Operating contests in Canada typically includes the preparation of short rules and long rules, a skill-testing question and a review of creative materials for misleading advertising conformity.

Short Rules Include all of the required Competition Act disclosure requirements for point-of-purchase materials (e.g., print and in-store marketing, social media and Internet sites, packaging and labeling, television spots, etc.)

Long Rules ensure that definite rules are prepared that reflect the requirements of the contest, cover possible contingencies (e.g., technical problems) and that set out the details of the promotion as lucidly as possible – for example, eligibility requirements; prize descriptions, number and values; draws and award of prizes; and restitution and releases. Rules or precedence’s downloaded from the web rarely accurately reflect a particular promotion. Like all law, a lawyer should not only understand what each provision means, but all rules should be relevant to the particular promotion. In this regard, contests are contracts, and so if you as a promoter want to rely on the rules in the event of an issue, they should be as accurate and precise as possible.

Generally speaking, there are two types of contests. These are skill contests or consumer generated content contests, and those prizes are awarded randomly. Some of the types of skill contests may include judged essays, art competitions, sporting events, sales competitions, etc. Some common types of random selection contests include contests where winners are selected at random through a draw or raffle held by the promoter, instant win type winner selections, prize vaults where entrants are given numbers or codes to enter, scratch-and-win type promotions where entrants see whether they have won a prize, etc. Sometimes promoters prefer random draw contests, which are generally relatively easy to prepare and run. Other promoters like to have contestants more involved and producing more content. In any event, a wide variety of promotions can be run in Canada and are really only limited by promoters’ ability and inventiveness assuming the basic Canadian legal requirements are met.

There is a common misconception that contests are illegal in Quebec. Contests are not illegal in Quebec; there are just a few additional requirements that need to be met in addition to those required for the rest of Canada. These additional requirements include: filing the rules and creative copy 30 days before contest launch; translating contest rules; paying a duty to the Regie in Quebec; and a filing on the completion of the contest with a notice of prize awards, winners, etc. There are also some specific languages that need to be included in the contest rules for contests open in Quebec and it can also be prudent to run a contest concept by Quebec lawyer before launching a promotion to check any other specific requirements in Quebec.

To set up an appointment and to find out more about our Contests and Sweepstakes services, you can call us on 416-840-5572, or Toll Free: 1-888-672-7266.

Business hours
9am – 5pm Monday to Friday, 1pm – 5pm.
We work Monday to Friday, Saturdays and on holidays by appointment.

Contact Us:
Ontario Trademark Lawyers
WaterPark Place
20 Bay St, Suite 1105
Toronto, Ontario M5J 2N8, Canada
Phone: 416-783-8378
Fax: 416-782-2286
Toll Free: 1-888-672-7266
Email:Info@OntarioTrademarkLawyers.com

Copyright Registration

Copyright duration in Canada is the lifetime of the creator of the work, plus 50 years from the end of the calendar year that the creator died. In other countries copyright duration varies, for example in the United States and the United Kingdom, copyright duration is the creator of the works lifetime, plus 70 years from the end of the calendar year that the creator died.

Preventing rampant copying and theft of your valuable works of authorship is critical to securing the value that your employees and independent contractors generate within your company.

We handle copyright infringement and copyright litigation matters throughout Canada and the U.S. A copyright gives the owner the ability to reproduce‚ distribute‚ or use creative material and exclude others from utilizing the material without the owner’s permission. Under copyright law‚ ideas alone and facts alone cannot be protected. Only the expression of an idea is protectable under copyright law. When an idea is misappropriated‚ recovery of damages may be possible under legal theories other than copyright law. So‚ while the idea of a software program cannot be protected under copyright law‚ the written expression of the software program can be.

Due to the potential availability of statutory damages and attorneys’ fees‚ copyright litigation can have large monetary amounts at issue very quickly. When a copyright infringement occurs and a quick or easy resolution is not reached‚ the matter may end up as a lawsuit in federal court. This involves the filing of a Complaint by the plaintiff‚ an Answer or motions to dismiss by the defendant‚ discovery such as interrogatories and depositions‚ and finally trial. In the event that you are located outside or inside Canada and have a litigation issue here‚ we are happy to provide you with the services you need.

As lawyers with expertise in copyright Registration law, we are passionate about protecting that right. A copyright does exactly what the word implies: It gives you, the creator, the “right” to control any attempt to “copy” the work you have created. Reproduction, distribution, production, performance and display rights all fall under copyright protection and the realm of copyright law.

To set up an appointment and to find out more about our Copyright Registration services, you can call us on 416-840-5572, or Toll Free: 1-888-672-7266.

Business hours
9am – 5pm Monday to Friday, 1pm – 5pm.
We work Monday to Friday, Saturdays and on holidays by appointment.

Contact Us:
Ontario Trademark Lawyers
WaterPark Place
20 Bay St, Suite 1105
Toronto, Ontario M5J 2N8, Canada
Phone: 416-783-8378
Fax: 416-782-2286
Toll Free: 1-888-672-7266
Email:Info@OntarioTrademarkLawyers.com