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Mat Brechtel

Associate, Trade-mark Agent

Mat Brechtel

Vancouver

T:+1604.641.4815

 

Mat Brechtel is an associate in the intellectual property group, working primarily on contentious matters regarding intellectual property rights. He has appeared before the Supreme Court and Court of Appeal of British Columbia, before the Federal Court and Federal Court of Appeal, and the Trademarks Opposition Board.

Prior to joining us, Mr. Brechtel clerked for Justices Mackenzie and Newbury of the British Columbia Court of Appeal in 2009-2010, and for Justice Rothstein at the Supreme Court of Canada in 2010-2011, after which he worked at the Vancouver office of a leading national law firm.

 

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  • Education

    LL.B., Dalhousie University, 2009
    B.Sc. (Biochemistry), University of Alberta, 2005

  • Representative experience

     

    Mr. Brechtel has acted in the following matters:

    • Hosting Metro Inc. v Poornam Info Vision Pvt, Ltd., 2016 BCSC 2371 – successfully obtained order to stay action commenced in BC, in light of ongoing arbitration proceedings in Arizona, based upon International Commercial Arbitration Act 
    • Annie Pui Kwan Lam v. Chanel S. de R.L et al. 2016 FCA 111  The Federal Court of Appeal remanded the matter back to the trial judge to re-determine and clarify an ambiguity in personal liability for Ms. Lam with respect to one of four acts of infringement, but nevertheless confirmed the appropriateness determination of counterfeiting cases by way of summary trial even where credibility issues exist, thereby permitting the trial judge to discard Ms. Lam’s evidence. The court also approved the use of a multiplier-based calculation of nominal damages and awarding significant punitive and exemplary damages in this type of case to deter such activities
    • Vancouver Community College v Vancouver Career College (Burnaby) Inc., 2017 BCCA 41  counsel for the plaintiff at trial and on appeal, successfully obtaining an order for damages and permanent injunction prohibiting defendant from using trade-marks online as a domain name or otherwise in respect of its Internet presence
    • Council of Natural Medicine College of Canada v College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia, 2013 FC 287  successfully defended a challenge to the constitutionality of the official marks regime under s. 9 of the Trade-marks Act, upholding the college’s right to protect certain professional designations as official marks
    • Chanel Limited et al v Lam Chan Kee Company Ltd et al, 2015 FC 1091  Chanel was granted judgment of $380,000, including $250,000 in punitive and exemplary damages, against two corporations and an individual, with the court weighing and rejecting contradictory affidavit evidence from the defendants on a summary trial application
    • RE/MAX v. PM Branding  Representing client in addressing online unauthorized use of RE/MAX trademark in advertising its services, and obtaining substantial award of damages in default proceedings before the Federal Court

     

  • Admissions
    • British Columbia 2011
    • Canada (trade-marks) 2014
    • Ontario 2011
  • Memberships and activities

    • Canadian Bar Association
      • Executive-at-large and young lawyer liaison for CBABC IP section
    • Law Society of British Columbia
    • Law Society of Upper Canada
    • International Trademark Association
      • Committee Member on Young Practitioners Committee
    • Intellectual Property Institute of Canada
      • Committee Member on Litigation Committee and Young Practitioners Committee
    • Vancouver Bar Association