Andrea Rush

Partner
Email    PDF    VCard
P: 416-593-2951
F: 416-594-2446
  • Called to the Bar of Quebec, 1986
  • Called to the Bar of Ontario, 1985
  • LL.M., Computer Software, University of Ottawa, 1985
  • LL.B., B.C.L., McGill University, 1982
  • B.Mus., McGill University, 1978
  • L.Mus., McGill University, 1978
Andrea Rush
 Overview

Andrea Rush is a member of the law societies of Ontario and Quebec, and a registered patent and trademark agent, recognized by Chambers Global, Best Lawyers in Canada, WTR, and Who’s Who Legal.

Andrea was appointed by the federal government to a business services SAGIT re NAFTA, an expert committee on domain names, and has served on Stanford University’s Advisory Program on Law Science and Technology. As lead counsel before the Supreme Court of Canada (communication of content over the internet, fair dealing) the Federal Court of Appeal (trademark appeals and judicial review proceedings) and Copyright and Trademarks Opposition Boards, Andrea has represented international trade associations and global brand owners.

Currently the chair of ALAI (Association Litteraire et Artistique Internationale) Toronto, Andrea received the Continuing Professional Development Long-Term Achievement Award from the Law Society in 2015 and was appointed by WIPO to the Center’s List of Mediators and Arbitrators in 2016.

Andrea is a graduate of the national program in law, McGill University. Proficient in French, she completed her LL.M. program as a Duff Rinfret Scholar, in the civil law section of Ottawa U, a program of the Department of Justice, Canada. She has taught intellectual property law and business at Osgoode Hall Law School (LL.M., ecommerce program) and OCAD University.

 Education
  • LL.M., Computer Software, University of Ottawa, 1985
  • LL.B., B.C.L., McGill University, 1982
  • B.Mus., McGill University, 1978
  • L.Mus., McGill University, 1978
 Practice Areas  Called to the Bar
  • Called to the Bar of Quebec, 1986
  • Called to the Bar of Ontario, 1985
 Assistant  Experience
  • Engineers Canada/Engenieurs Canada v. MMI-IPCO, LLC, 2015 FC 839, 255 ACWS (3d) 721 -

    Trade-Marks Opposition Board, Canadian Intellectual Property Office (July 9, 2015). Decision of the Federal Court arising from an appeal from the Trademarks Opposition Board, which held that POLARTEC ECO-ENGINEERING was registrable. Appellant sought a decision from the Federal Court to overturn the Board's decision. The respondent withdrew the application and succeeded on the issue of mootness.

  • Engineers Canada / Ingénieurs Canada v. MMI-IPCO, LLC, 2014 TMOB 119, 126 CPR (4th) 285 -

    Trade-Marks Opposition Board, Canadian Intellectual Property Office. Decision of the Trade-Marks Opposition Board establishes rights to register a trade-mark which includes the term "engineering" on appeal.

  • Re: Sound v Fitness Industry Council and Goodlife Fitness Centers Inc., 2014 FCA 46, 120 CPR 4th.
  • Statement of Royalties to be Collected by Re:Sound in Respect of the Use of Recorded Music to Accompany Physical Activities (2008-2012) (7 July 2012) C Gaz Supplement I (Copyright Board)
  • Public Performance of Musical Works, Re, 2012 SCC 36, [2012] 2 SCR 326
  • Canrock Ventures LLC v Ambercore Software Inc., 2011 ONCA 414, 204 ACWS (3d) 69
  • Scott Paper Ltd. v Georgia-Pacific Consumer Products LP, 2010 FC 478, 83 CPR (4th) 273
  • Labatt Brewing Co. Ltd. v Brick Brewing Co. Ltd. (2009), T-800-09 (FC)
  • Application for Interim Tariff in Respect of the Performance in Public or the Communication to the Public by Telecommunication in Canada of Musical Works (2009-2011), SOCAN Tariff 22.G.
  • Anheuser-Busch, Incorporated and Labatt Brewing Company Limited v Brick Brewing Company Limited (2009), T-1440-09 (FC)
  • The Outdoor Channel, Inc. v Bereskin & Parr et al. (2008), T-1022-08 (FC)
  • Georgia-Pacific Consumer Products LP v Kruger Products Ltd., [2008] TMOB No 195, 2008 CarswellNat 4580
  • Cytokinetics Inc. v Cobalt Pharmaceuticals Inc., [2008] TMOB No 157, 2008 CarswellNat 3794
  • Scott Paper Ltd. v Smart & Biggar, 2008 FCA 129, 291 DLR (4th) 660
  • Sweet Cherubim Natural Foods Ltd. (Re), [2008] TMOB No 34, 2008 CarswellNat 1176
  • Gowling Lafleur Henderson LLP v Fort James Operating Co. (2008), 73 CPR (4th) 15, 2008 CarswellNat 3736 (TMOB)
  • Masterfile Corporation v Richard Samuels (2008), T-1987-06 (FC)
  • Business Consultants, Inc. v. The Human Element, Just a Different Way to Manage (2008), Application. Nos. 0.882.338 and 0.850.967
  • Sadhu Singh Hamdard Trust v Canada (Registrar of Trade-Marks), 2006 FC 171, 47 CPR (4th) 373 (upheld on appeal) -

    Representation of a newspaper chain concerning discretion to refuse grant of an extension request to file a statement of opposition to registration of a trade-mark, which request was filed in a timely manner.

  • Retail Music Association of Canada v SOCAN (2006), 52 CPR (4th) 81, 2006 CarswellNat 1523 (Copyright Board)
  • Smart & Biggar v Canada (Attorney General), 2006 FC 1542, 58 CPR (4th) 42 -

    Represented a multinational producer of consumer goods in cancellation of a trade-mark registration pursuant to Section 45 of the Trade-marks Act.

  • SOCAN v Canadian Association of Internet Providers, 2004 SCC 45, [2004] SCR 427 -

    Intervention on behalf of a coalition of 400 Internet service providers in proceedings challenging SOCAN Tariff 22.

  • Intuit Inc. v Quicklaw Inc. (2002), 19 CPR (4th) 452, 220 FTR 145, aff'd 2003 FCA 230, 122 ACWS (3d) 1123 -

    Appeal from an opposition board proceeding concerning likelihood of confusion between owners of the trade-mark QUICKTAX for software and legal publication, respectively.

 Recognition

Recognition

  • Certified by the Law Society of Upper Canada as a Specialist in Copyright and Trademark Law
  • Continuing Professional Development and Long-Term Achievement Award 2015, Law Society of Upper Canada
  • Intellectual Property - Band 4, Chambers Global, The World’s Leading Lawyers for Business, 2017
  • Intellectual Property - Band 4, Chambers Canada, 2018
  • INTA's Panel of Trademark Mediators (PTM)
  • Appointment to the WIPO Center, List of Mediators and Arbitrators
  • Appointment to The Canadian Institute's Intellectual Property Law Review Editorial Board 
  • Appointment to INTA's Anticounterfeiting Committee
  • IAM Strategy 300, The World’s Leading IP Strategists, 2014
  • Enforcement & Litigation and Prosecution & Strategy, World Trade-Mark Review (WTR) 1000, 2017
  • BV® Distinguished™, Martindale Hubbell
  • Intellectual Property Litigation (repeatedly recommended), Lexpert® Canadian Legal Directory 2016
  • Intellectual Property Law and Information Technology Law, Best Lawyers in Canada® 2017
  • Euromoney's Trade mark Expert Guides, 2016
  • Listed in Who's Who Legal: Technology, Media, and Telecommunications (Information Technology), and Who's Who Legal: Trademarks, 2017
  • Listed in Who's Who Legal Canada: Technology, Media, and Telecommunications, 2017
  • Trade-marks, International Who's Who of Trademark Lawyers, 2015
  • Guide to the World’s Leading Lawyers, 2014
  • Guide to the World’s Leading Women in Business Law - Trade marks, 2017
  • Guide to the World’s Leading Trade Mark Law Practitioners, 2014
  • Charles Seton Award, Copyright Society of the USA
  • Duff Rinfret Scholar, Department of Justice, Canada
  • Scarlet Key, McGill University
  • Eastern Provincial Airlines Prize, McGill University 
  • Steinberg Scholarship, McGill University
 Speaking  Publications
 In the Media  News
 Memberships

Memberships

  • Chair, Law Society of Upper Canada, IP Year in Review
  • Co-Chair, ITechLaw Membership Women's International Network (I-WIN) Committee, 2016-17 term
  • Association Littéraire et Artistique Internationale (ALAI Canada)
  • Canadian IT Law Association (IT.Can)
  • Canadian National Association of the International Federation of Intellectual Property Attorneys (FICPI Canada)
  • Computer Law Association
  • Copyright Society of the U.S.A.
  • Intellectual Property Institute of Canada
  • International Trademark Association
  • Scarlet Key Society
  • Chair, ABA Copyright Cross-Jurisdiction Subcommittee
 Community

Community

  • Board of Directors, ALAI Canada
  • Trustee, Copyright Society of the U.S.A.
  • Editorial Board, Copyright Society of the U.S.A.
  • Board of Governors, Technion - Israel Institute of Technology
  • Board of Directors, Orchestra Toronto
  • Advisory Board, Law, Science & Technology Program, Stanford University (2013)

javascript:void(0)

DISCLAIMER

Thank you for your interest in contacting us by email.

Please be aware that contacting us via e-mail does not mean that the firm is acting for the sender of the e-mail. People do not become clients unless and until the firm agrees to act and that representation will be confirmed in a retainer agreement or retainer letter, in accordance with our usual policies. Unless you are an existing client, no information provided in an e-mail will be considered confidential. We ask that you do not send us specific questions on any matter until you receive confirmation that we are able to represent you.