Norton Rose Fulbright Canada LLP
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Mat Brechtel is a partner in the intellectual property group, working in contentious matters, trademark registration, and advice regarding branding and marketing. Mat has represented a wide range of well-known international brands in protecting and defending their trademarks and reputation within Canada.
Mat has particular experience addressing the complexities that arise with multi-jurisdictional litigation issues, and has acted on behalf of clients obtaining evidence in Canada for use in legal proceedings around the world, and clients concurrently enforcing their intellectual property rights in multiple jurisdictions.
Mat has appeared before the Supreme Court and Court of Appeal of British Columbia, before the Federal Court and Federal Court of Appeal, the Trademarks Opposition Board, and in several international arbitrations.
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.
LL.B., Dalhousie University, 2009
B.Sc. (Biochemistry), University of Alberta, 2005
- British Columbia 2011
- Ontario 2011
- Canada (trademarks) 2014
Mr. Brechtel has acted in the following matters:
- Louis Vuitton et al. v Audrey Wang et al., 2018 FC 1198 – successfully obtained and defended an Anton Piller order and Mareva injunction preserving evidence of the defendants' counterfeiting activities and securing assets for judgment
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 trademarks online as a domain name or otherwise regarding its Internet presence
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 regarding 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
- 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
"Bill C-86 – Tinkering with official marks in Canada," November 30, 2018.
- 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
- Vice chair of the Young Practitioners Committee
- Intellectual Property Institute of Canada
- Committee member on the Young Practitioners Committee
- Vancouver Bar Association
Canada: IP monitor: Canadian Intellectual Property Office announces further extension of deadlines in wake of pandemic
Publication | March 31, 2020 – 12 PM ET
Publication | June 2018
Publication | June 2017
Supreme Court of Canada “unfriends” Facebook’s forum selection clause: Privacy action can proceed in British Columbia
Publication | June 2017