Melissa M. Dimilta

Partner, Trademark Agent

 dimiltam@bennettjones.com
Education
University of Toronto, BSc (Hons), 2007
University of Windsor, JD, 2011
Bar Admissions
Ontario, 2012
Overview

Melissa Dimilta practices in all areas of intellectual property law. Melissa assists clients with resolving and litigating intellectual property disputes with an emphasis on patent litigation and trademark litigation. In particular, Melissa has significant experience litigating under the Patented Medicines (NOC) Regulations. Melissa is also a registered trademark agent in Canada and is involved in trademark prosecution and opposition proceedings.

Melissa advises clients from various industries including the pharmaceutical, biotechnology, agriculture, retail, and luxury goods industries. In addition to advising clients on a range of intellectual property matters involving patent, trademark and copyright issues, she also advises clients on regulatory, product regulation and compliance matters in relation to food and drug products.

Melissa is a member of the Advocates' Society, the Intellectual Property Institute of Canada and the Canadian Bar Association.

Select Experience
•  LSI Industries (Nasdaq; LYTS), a manufacturer of commercial lighting and display solutions, in its acquisition of Canada’s Best Store Fixtures, a provider of retail fixtures and custom store design solutions for grocery, quick service restaurant, c-store, banking and specialty retail environments
•  The Founders in connection with the sale of a majority interest in LiftWerx Solutions to the TowerBrook Delta Fund managed by TowerBrook Capital Partners.
•  TELUS Corporation, in four trademark opposition proceedings brought by Shaw Telecommunications Inc.
•  Prosecuted numerous trade-mark applications.
•  Various clients on the advertising, labelling, packaging and other requirements under, and compliance with: the Food and Drugs Act; the Food and Drugs Regulations; the Natural Health Products Regulations; the Medical Devices Regulations; and the Access to Cannabis for Medical Purposes Regulations.
•  The Intellectual Property Institute of Canada (IPIC), Canada's preeminent association of intellectual property professionals, as an intervener in the Federal Court of Appeal. The case involved a novel legal issue as to whether non-compliance with the Public Servants Inventions Act can be grounds to invalidate a patent. IPIC successfully argued that the validity of a patent can only be judged against what the Patent Act and Patent Rules require; an earlier order granting summary judgment was set aside in its entirety. Brown v Canada, 2016 FCA 37