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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, Energy, Technology, Communications 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 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
Insights TheSpotlight Jun 09, 2016 Blockchain and Smart Contracts: The Future of Doing Business?
Insights FirmBlog Nov 28, 2014 Ten Common Intellectual Property Mistakes Startups Make
Publications Newsletter Nov 28, 2014 Ten Common Intellectual Property Mistakes Startups Make
Insights FirmBlog Nov 21, 2014 Supreme Court of Canada Recognizes a New Common Law Duty of Good Faith
Insights FirmBlog Nov 10, 2014 Foundations for Startup Success: The Shareholders' Agreement
Insights FirmBlog Jul 25, 2014 Privacy Law Bulletin - July 2014
Insights FirmBlog Feb 19, 2014 Financial Firewalls: OSFI Issues Cyber Security Self-Assessment Guidance
Insights FirmBlog Nov 25, 2013 Supreme Court of Canada Strikes Down Privacy Law
Insights FirmBlog Nov 01, 2013 SCC Competition Law Class Action Decisions
Insights FirmBlog May 23, 2013 Tax News Flash - Supreme Court of Canada Clarifies that Assuming Obligations “Embedded” in a Property is not Consideration for the Property
Insights FirmBlog Mar 21, 2013 2013 Federal Budget Tax News Flash is Now Available

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