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Andrea Rush

Partner
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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 represents global and domestic owners of brands, technology and the arts in negotiation, transactions, portfolio management and enforcement of copyright, trademarks and patents. 

Andrea is a recipient of awards from the Law Society of Ontario, Justice (Canada), and McGill University, and has chaired ALAI Toronto, the LSO IP Specialist Certification Committee and IP Year in Review, and Canadian Technion Society (Toronto Chapter). Once again this year, Andrea is ranked by Chambers Global - Canada, The World’s Leading Lawyers for Business, in the area of Intellectual Property. She has served as Advisory Board Member of Stanford University’s Program on Law Science and Technology, and Appointee to the Canadian federal government Information Highway Commission (Copyright Subcommittee), NAFTA SAGIT (business services), and the Expert Committee on Domain Names and McGill University Senate.

Andrea has appeared as lead counsel in the Supreme Court of Canada, Federal Court of Appeal, and Copyright Board. She has taught Intellectual Property at Osgoode Hall (LLM program on ecommerce) at OCAD University (the Business of Intellectual Property) and speaks frequently on overlapping intellectual property rights, sound mark design and intellectual property rights management.

 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.

  • Re: Sound v Fitness Industry Council and Goodlife Fitness Centers Inc., 2014 FCA 46, 120 CPR 4th.
  • 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.

  • 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)
  • Business Consultants, Inc. v. The Human Element, Just a Different Way to Manage (2008), Application. Nos. 0.882.338 and 0.850.967
  • Georgia-Pacific Consumer Products LP v Kruger Products Ltd., [2008] TMOB No 195, 2008 CarswellNat 4580
  • Masterfile Corporation v Richard Samuels (2008), T-1987-06 (FC)
  • Cytokinetics Inc. v Cobalt Pharmaceuticals Inc., [2008] TMOB No 157, 2008 CarswellNat 3794
  • The Outdoor Channel, Inc. v Bereskin & Parr et al. (2008), T-1022-08 (FC)
  • Scott Paper Ltd. v Smart & Biggar, 2008 FCA 129, 291 DLR (4th) 660
  • Gowling Lafleur Henderson LLP v Fort James Operating Co. (2008), 73 CPR (4th) 15, 2008 CarswellNat 3736 (TMOB)
  • Sweet Cherubim Natural Foods Ltd. (Re), [2008] TMOB No 34, 2008 CarswellNat 1176
  • 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.

  • 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)
  • 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

  • Listed in Global Who's Who Legal: Trademarks, 2020
  • Listed in Canada Who's Who Legal: Trademarks, 2020
  • Listed in Canada Who's Who Legal: Data, 2020
  • Recognized in the Lexpert® Special Edition on Technology, 2020
  • Prosecution & Strategy, World Trade-Mark Review (WTR) 1000, 2020
  • Intellectual Property - Band 3, Chambers - Nationwide - Canada, 2021
  • Intellectual Property - Band 4, Chambers Global - Canada, The World’s Leading Lawyers for Business, 2020
  • Certified by the Law Society of Ontario as a Specialist in Copyright and Trademark Law
  • Intellectual Property Litigation (repeatedly recommended), Lexpert® Canadian Legal Directory 2020
  • Intellectual Property Law and Information Technology Law, Best Lawyers® in Canada 2021
  • Expert Guides' Women in Business Law, 2020
  • Expert Guides' Trademarks, 2020
  • Continuing Professional Development and Long-Term Achievement Award 2015, Law Society of Ontario
  • Guide to the World’s Leading Lawyers, 2014
  • Guide to the World’s Leading Trade Mark Law Practitioners, 2014
  • IAM Strategy 300, The World’s Leading IP Strategists, 2014
  • BV® Distinguished™, Martindale Hubbell
  • 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
  • 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
 Speaking  Publications
 In the Media  News

News

 Memberships

Memberships

  • Chair, Law Society of Ontario, IP Year in Review
  • Co-Chair, ITechLaw Membership Women's International Network (I-WIN) Committee, 2016-17 term
  • Board Member, 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)

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