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Ken Clark

Partner Admitted to the Ontario Bar: 2001
People > Ken Clark

Ken is driven to help his clients resolve their problems, particularly the ones for which it seems there is no answer. He has a reputation for creative solutions that provide both peace of mind and a foundation for action. He strives to identify the underlying issues of a problem, not just the immediate need that is being presented. With a background in engineering and broad experience as a barrister and solicitor in IP, technology and energy law matters, Ken excels at articulating legal concepts and technical matters in a way that is easy for clients and judges to understand. 

Ken is a member of the firm's Corporate/Commercial, Litigation & Dispute Resolution, Energy, Technology, Telecommunications and Intellectual Property Groups. He is a registered Canadian trademark agent. Ken’s practice focuses primarily on IP law, including trademarks, copyright, patents and related areas such as Internet law. His areas of particular interest include copyright enforcement and IP litigation. Ken has appeared before all levels of the Federal Court and the Supreme Court of Canada.

On the solicitor side, Ken’s practice includes intellectual property licensing and assistance with strategic IP planning for new and existing businesses.

Having worked as a mechanical design engineer and a computer systems administrator prior to becoming a lawyer, Ken has a wide variety of technical knowledge and expertise. Some of his areas of particular interest and familiarity include computer technology and systems, telecommunication and the Internet and network systems.

Awards & Recognition

  • Certified Specialist in Intellectual Property Law (Patent, Trademark and Copyright) by the Law Society of Ontario
  • Recognized in Who’s Who Legal: Trademarks as a leading Canadian trademark lawyer
  • Registered Trademark Agent (Canada)

Professional Involvement

Memberships

  • AIPPI Canada
  • The Advocates' Society
  • Intellectual Property Institute of Canada (Fellow)
  • International Trademark Association
  • Licensing Executives Society

Representative Matters

Northern York Region Peaking Plant RFP & Contract

Advised Ontario Power Authority on the development of contracts and rules for second generation Feed-In Tariff Program (FIT 2.0) in relation to procurement of renewable energy products, including wind, solar, hydro-electric and biomass.

Selected Speaking Engagements

"Intellectual Property: Avoiding the Pitfalls," Aird & Berlis LLP Technology Law Webinar, April 2017.

"Canada's Anti-Spam Legislation (CASL) - Are You Prepared for July 1?," Aird & Berlis LLP Technology Law Webinar, April 2017.

"Top Ten Intellectual Property Mistakes," Aird & Berlis LLP IP Law Seminar, January 2017.

"Technology and Intellectual Property Issues for Startup Businesses," Aird & Berlis LLP Technology Law Webinar, November 2015.

Dealing with Online Anonymous commenters, Aird & Berlis LLP Municipal Law Seminar 2011.

"Retail Businesses: Grey Market and Counterfeit," 14th Annual Anti-Counterfeiting Fraud Conference, December 1 – 4, 2010.

"'Official Marks' for Municipalities: How to Protect Your Place Brand," Aird & Berlis LLP Municipal Law Seminar: Knowledge is Power – Essential Information for Municipalities, October 18, 2009.

"What You Own, What You Don't and What You Should," Aird & Berlis LLP Technology Law Seminar: What Every Business Should Know, February 25, 2009.

Selected Publications

"Blockchain and Smart Contracts: The Future of Doing Business?," TheSpotlight Newsletter, June 9, 2016. 

"Music Industry Rocks the Copyright Boat," TheSpotlight Newsletter, June 7, 2016.

"The Copyright Act Reformed – Provisions of the Copyright Modernization Act Proclaimed into Force," co-author, Lexology, November 12, 2012

"The Copyright Act Reformed – A Brief Look at Bill C-11," co-author, Lexology, July 30, 2012

"ICANN Releases List of New Proposed Top-Level Domain Names," co-author, Lexology, June 26, 2012

"Top Court Rules ISPs are Not Broadcasters," co-author, Lexology, March 1, 2012

"Googlers and Gmailers, Be(a)ware! Google to Implement New Privacy Policy," co-author, Lexology, February 29, 2012

"Proposed Introduction of Internationalized Domain Names in the Canadian .ca Registry," co-author, Lexology, December 15, 2011

"Century 21 v. Rogers: A Look at Online Copyright Infringement and Breach of Contract," co-author, Lexology, September 21, 2011

"The Canadian Telecom Saga," co-author, A&B Blawg Briefs, March 16, 2011

"Product Labelling with Expired Patent Numbers Can Lead to Lawsuits in the U.S.," co-author, A&B Blawg Briefs, September 3, 2010

"LimeWire and its CEO taken to the canvas. Score one pyrrhic victory for the RIAA," A&B Blawg Briefs, May 20, 2010

Insights

Insights TheSpotlight Nov 19, 2018 What Do You Mean I Don’t Own My Own Logo? A parable for many business owners on how to make sure you actually own the logo you have used for years
Insights TheSpotlight Nov 12, 2018 Will the EU Copyright Directive Break the Internet?
Insights TheSpotlight Nov 07, 2018 IP Budget 2018 – Changes to Canada’s IP laws
Insights TheSpotlight Oct 16, 2018 Get into the Octave-gon with the New MMA
Insights TheSpotlight Oct 10, 2018 SLAPP Fight! Ontario Court of Appeal Clarifies SLAPP Legislation
Insights TheSpotlight Oct 09, 2018 Tales from the Crypt(ocurrency)
Insights TheSpotlight Oct 02, 2018 Court of Appeal Sends “Stairway to Heaven” Back to Trial
Publications Article Sep 05, 2018 Cannabis Promotion: Seller Beware
Insights TheSpotlight Aug 22, 2018 The Dangers of Discount Patent Services - You Get What You Pay For
Insights TheSpotlight Jul 19, 2018 The Value of a Copyrighted Photograph Is Not Necessarily in the Eye of the Beholder
Insights TheSpotlight Jun 18, 2018 Quebec Court Denies Exclusive Use Of Geographic Location in Car Dealership’s Name
Insights TheSpotlight Apr 23, 2018 Google Fails to Amend Canadian De-indexing Injunction Despite California Court Order Equustek Solutions Inc. v. Jack, 2018 BCSC 610 (CanLII)
Insights TheSpotlight Apr 20, 2018 U.S. Court of Appeals Finds That the Lines Remain Blurred
Insights TheSpotlight Feb 08, 2018 Human Rights Complaint on “Chief Wahoo” (Cleveland Indians) Logo to Proceed – Update on Law of Controversial Sports Logos
Insights TheSpotlight Jan 31, 2018 Cannabis Trademarks Remain Unregistrable in U.S. Despite Federal Circuit’s Ruling in Re: Brunetti

Education

  • LLB and BCL (Great Distinction), McGill University, 1999 
  • B.A.Sc. (Mech Eng.) (First Class Honours and Dean's Honour List), University of Waterloo, 1992

Expertise

Industries