PROFILE
My practice centers on Intellectual Property (IP) and Technology (IT), including trade-marks, patents, copyright, licensing, distribution arrangements, technology matters and transactions and on litigation in this field.
I have assisted clients in all aspects of matters dealing with IP and IT transactions. I handle all types of due diligence and complex IP and IT licensing and transactional arrangements. I also work closely with clients with respect to their intellectual property portfolios and their international IP and IT strategies, including for enhanced revenue generation. I represent clients in IP litigation in the Ontario and Federal Courts.
I am the Co-chair of the Business Development Committee at Fogler, Rubinoff LLP.
Publications
NOVEMBER 20 2020
Canadian Innovation During the COVID-19 Pandemic
Many of the conversations during Canadian Innovation Week concerned efforts related to the fight against the COVID-19 pandemic. In this article we have outline some of the major developments in the past eight months with respect to intellectual property innovation during the pandemic.
OCTOBER 21 2020
SCC Leave Denied: Public Authorities - Not Immune to Trademark Infringement Claims
The Supreme Court of Canada has denied leave to appeal of the Ontario (Energy) v Quality Program Services Inc.1 Federal Court decision, thereby bringing finality to whether public authorities are immune to trademark infringement claims arising from use of their official marks.
SEPTEMBER 29 2020
Trademark Use: No Need for a "Bricks and Mortar" Presence in Canada
Use it or lose it" is a staple expression known to Canadian trademark lawyers. Once a business successfully registers a trademark in Canada, it must "use" its registered mark in Canada or it may lose the protections provided by the Trademarks Act (the "Act").
SEPTEMBER 14 2020
Women in Business Law 2020
Congratulations to Colleen Spring Zimmerman on being nominated in the area of trademarks law. Now in its 10th edition, Expert Guides: Women in Business Law profiles leading female practitioners in 31 practice areas across 86 jurisdictions.
AUGUST 27 2020
22 Lawyers Profiled Across 17 Areas of Law in The Best Lawyers In Canada
Fogler Rubinoff is pleased to announce that the following 22 lawyers were selected by their peers for inclusion in the 2021 edition of The Best Lawyers in Canada. Best Lawyers compiles its lists of outstanding lawyers by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.
- Tammy Anklewicz - Trusts and Estates
- Don Bourgeois – Gaming Law
- Steven Cygelfarb - Real Estate Law, Commercial Leasing Law
- Milton A. Davis - Legal Malpractice Law
- Tim Duncan - Municipal Law
- Albert Engel - Environmental Law
- Michael B. Fraleigh - Health Care Law, Medical Negligence
- Jeffrey B. Goldenberg - Real Estate Law
- Bill Hearn - Advertising and Marketing Law
- Eric N. Hoffstein – Trust and Estates
- Ian N. Kady - Real Estate Law
- Gary Kissack - Aboriginal Law
- Ross MacDougall – Construction Law
- Rick Moscone - Cannabis Law
- Kenneth W. Movat - Construction Law
- Young Park – Corporate and Commercial Litigation
- Karen Rosen - Energy Law
- Howard Rubinoff – Banking and Finance Law
- Colleen Spring Zimmerman - Intellectual Property Law
- Mary Wahbi – Trusts and Estates
AUGUST 11 2020
Generic.com - Registrable in Canada?
The U.S. Supreme Court recently confirmed that a "generic.com" term may be eligible for federal trademark registration in the U.S., in certain circumstances. We will review the relevant decisions, discuss the Canadian legal framework with respect to registration of such mark and consider the implications of seeking registration of a "generic.com" or a "generic.ca" mark in Canada.
JULY 20 2020
Businesses Beware: Depreciation in Goodwill Claims Not Bound by Industry Lines
The Federal Court of Canada (the "FCTD") recently released Toys "R" Us (Canada) Ltd v Herbs "R" Us Wellness Society, in which it considered whether a cannabis company, Herbs "R" Us Wellness Society ("Herbs R Us"), had breached Sections 20, 7(b) and 22 of Canada's Trademarks Act (the "Act") with respect to claims of trademark infringement, passing off and depreciation of goodwill. This is an interesting case in its review and application of Section 22 of the Act. It provides further protection for trademark owners in Canada.
JUNE 15 2020
The Federal Court of Appeal Upholds Canada's Anti-Spam Legislation as Constitutional
On June 5, 2020, the Federal Court of Appeal released its decision in 3510395 Canada Inc. v. Attorney General of Canada et al., 2020 FCA 103, in which it upheld the constitutionality of Canada's anti-spam legislation.
MAY 21 2020
Doing Business in Canada - 2020 Edition
This comprehensive guide provides an overview of the legal framework governing Canadian business operations and outlines key considerations for investing and conducting business in Canada. Find up-to-date information on the following topics:
- Types of Business Organizations
- Directors' Liabilities
- Foreign Investment and Anti-Competition Legislation
- Bankruptcy and Insolvency
- Securities Regulation
- Sales and Transfer Taxes
- Income Taxes
- Customs and Excise Duties
- Intellectual Property
- Investment Incentives
- Immigration Restrictions for Non-Canadians
- Employment Law
- Environmental Law
- Electronic Commerce
- The French Language Requirements in the Province of Quebec
AUGUST 29 2019
Colleen Spring Zimmerman Among Expert Guides' World's Leading Women in Business Law 2019
Euromoney's Expert Guides: Women in Business Law
Colleen Spring Zimmerman has been recognized by Euromoney's Expert Guides: Women in Business Law, 2019. Colleen is recognized as a leading practitioner in Trademarks.
Since its inception in 1994, the Expert Guides series has provided in-house counsel in large corporations worldwide with access to pre-eminent legal practitioners in a variety of practice areas for the purpose of instruction on an international basis.
Congratulations, Colleen!
AUGUST 21 2019
19 Fogler Rubinoff Partners Ranked in The Best Lawyers™ in Canada
Fogler Rubinoff is pleased to announce that the following 19 lawyers were selected by their peers for inclusion in the 2020 edition of The Best Lawyers in Canada.
- Don Bourgeois – Gaming Law
- Steven Cygelfarb - Real Estate Law, Commercial Leasing Law
- Milton A. Davis - Legal Malpractice Law
- Albert Engel - Environmental Law
- Michael B. Fraleigh - Health Care Law, Medical Negligence
- Jeffrey B. Goldenberg - Real Estate Law
- Bill Hearn - Advertising and Marketing Law
- Eric N. Hoffstein – Trust and Estates
- Ian N. Kady - Real Estate Law
- Gary Kissack - Aboriginal Law
- Ross MacDougall – Construction Law
- Martin L. Middlestadt - Real Estate Law
- Kenneth W. Movat - Construction Law
- Young Park – Corporate and Commercial Litigation
- Karen Rosen - Energy Law
- John Rowinski – Aboriginal Law
- Howard Rubinoff – Banking and Finance Law
- Colleen Spring Zimmerman - Intellectual Property Law
- Mary Wahbi – Trusts and Estates
Best Lawyers compiles its lists of outstanding lawyers by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.
JULY 23 2019
Understanding Trademarks Act Changes
Published in the July Issue of DM Magazine. Click Here to read the article.
JULY 18 2019
Battle brewing between beer companies over Muskoka chair logo
IP Lawyer Colleen Spring Zimmerman, speaks with Cottage Life magazine about the trademark battle brewing between beer companies over a Muskoka chair logo. Read about it here.
APRIL 03 2019
Canada’s impending trademark law changes to affect how IP lawyers protect fate of clients’ brands
IP and Trademark lawyer Colleen Spring Zimmerman, shares with the CMA what to expect when the new trademark laws come into force this June. Scents, holograms, 3D objects and even texture can now be registered as part of your brand. Read about it in the Canadian Lawyer article: Canada’s impending trademark law changes to affect how IP lawyers protect fate of clients’ brands
AUGUST 21 2018
13 Fogler Rubinoff Partners Ranked in The Best Lawyers™ in Canada
Fogler, Rubinoff is pleased to announce that the following lawyers were selected by their peers for inclusion in the 2019 edition of The Best Lawyers in Canada.
- Jack D. Coop - Environmental Law
- Steven A. Cygelfarb - Real Estate Law
- Milton A. Davis - Legal Malpractice Law
- Albert Engel - Environmental Law
- Michael B. Fraleigh - Health Care Law
- Jeffrey B. Goldenberg - Real Estate Law
- William R. Hearn - Advertising and Marketing Law
- Ian N. Kady - Real Estate Law
- Gary Kissack - Aboriginal Law
- Martin L. Middlestadt - Real Estate Law
- Kenneth W. Movat - Construction Law
- Karen Rosen - Energy Law
- Colleen Spring Zimmerman - Intellectual Property Law
Best Lawyers compiles its lists of outstanding lawyers by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.
JULY 06 2018
Will There Be Trademark Trolls in Canada or Are They Already Here?
The Canadian Trademarks Act amendments, which are allegedly coming into force in early 2019, include the removal of the requirement that a trademark applicant declare that it has been using its trademark before it files the application or before registration in Canada...
APRIL 13 2018
Congratulations to our Lawyers Recognized in the 2018 Canadian Legal Lexpert Directory
We are is pleased to announce that several of our lawyers have been named as leaders in their field in The 2018 Canadian Legal Lexpert Directory, and the firm itself has been ranked in Property Leasing and Property Development as a consistently recommended firm.
Fogler, Rubinoff lawyers named in the directory include:
Jack D. Coop – Environmental, Repeatedly Recommended
Steven A. Cygelfarb – Property Leasing, Consistently Recommended
Michael B. Fraleigh – Medical Negligence, Repeatedly Recommended
Bill Hearn – Advertising & Marketing Law, Consistently Recommended
Martin L. Middlestadt – Property Leasing, Repeatedly Recommended
Kenneth W. Movat – Construction Law, Repeatedly Recommended
Matthew Norris – M&A, Lawyers to Watch
Colleen Spring Zimmerman – Intellectual Property, Repeatedly Recommended
Michael S. Wolfish – Property Leasing, Consistently Recommended
About the Lexpert Rankings
The Canadian Legal Lexpert Directory is an annual ranking of Canadian lawyers in over 60 practice areas, based on peer review surveys plus personal interviews with senior members of the profession. Details of the Lexpert survey process and ranking criteria can be viewed online at The Canadian Legal Lexpert Directory.
NOVEMBER 30 2017
LEXPERT’s 9th Annual Information Privacy and Data Protection Seminar
Bill Hearn, Howard Burshtein, Ron Davis, Sheryl Johnson, Rob Macdonald, Rudy Morrone, Young Park, Colleen Spring Zimmerman and Ravi Shukla will be speaking at LEXPERT’s 9th Annual Information Privacy and Data Protection Seminar. This full day course will highlight:
- Big Data and Other Developments in the Public Sector and Elsewhere
- General Data Protection Regulation (GDPR) - Implications for Canadian Business
- Privacy Litigation Cases - Recent Developments
- Blockchain - The Promise and The Perils
- OPC Compliance Priorities and Strategic Directions
- Cyber Risk Management Guidance for Corporate Directors
- Issues in Employee Privacy
- CASL Update
For more information, Click Here to view the Seminar Brochure
AUGUST 22 2017
10 Fogler Rubinoff Partners Ranked in The Best Lawyers in Canada
Fogler, Rubinoff is pleased to announce that the following lawyers were selected by their peers for inclusion in the 2018 edition of The Best Lawyers in Canada.
- Steven A. Cygelfarb - Real Estate Law
- Jack D. Coop – Environmental Law
- Milton A. Davis - Legal Malpractice Law
- Michael B. Fraleigh - Health Care Law
- Jeffrey B. Goldenberg - Real Estate Law
- Bill Hearn - Advertising & Marketing Law
- Ian Kady - Real Estate Law
- Martin Middlestadt – Real Estate Law
- Kenneth W. Movat - Construction Law
- Colleen Spring Zimmerman - Intellectual Property Law
Best Lawyers compiles its lists of outstanding lawyers by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.
AUGUST 02 2017
Changing Canadian Trademark Laws – The Next Steps
As part of the implementation of various changes to Canadian Trademark Laws, the Federal Government of Canada released in June, 2017 the new proposed Trademark Regulations for public consultation...
JULY 27 2017
Colleen Spring Zimmerman Named a Leading Trademark Practitioner by Expert Guides' Women in Business Law
JULY 27 2017
Who's Who Legal Recognizes Colleen Spring Zimmerman and Jack Coop
The 2017 eiditon of Who's Who Legal: Canada Recognizes Colleen Spring Zimmerman and Jack Coop as leading practitioners in Trademarks and Environmental Law, respectively.
MAY 01 2017
Nine lawyers profiled as leading practitioners in the Canadian Legal Lexpert® Directory
The 2017 Canadian Legal Lexpert® Directory has profiled nine Fogler Rubinoff lawyers as leading practitioners:
Jack D. Coop - Environmental
Steven A. Cygelfarb - Property Leasing
Michael B. Fraleigh - Medical Negligence
Bill Hearn - Advertising & Marketing Law
Justin Jakubiak - Corporate Comerical Litigation
Martin L. Middlestadt - Property Leasing
Kenneth W. Movat - Construction Law
Colleen Spring Zimmerman - Intellectual Property
Michael S. Wolfish - Property Leasing
The Canadian Legal Lexpert Directory ranks individual lawyers across 64 areas of expertise and firms in over 40 practice areas. Recommendations for lawyers in the annual publication are the product of an extensive peer review process, with firm rankings tabulated from the cumulative rankings of individuals within each practice area reviewed.
MARCH 23 2017
Can You Sleep At Night – You Need To Know About Injunctions In Canada
The mattress business is a competitive one! Trade-marks in the mattress business are valuable!
Sleep Country Canada Inc. is a major mattress retailer in Canada. It is best known for its slogan "Why Buy a Mattress Anywhere Else?"...
MARCH 01 2017
What's "Trending Now" in Digital Advertising & Marketing Law
Seminar Materials.
JANUARY 26 2017
Industrial Design Protection In Canada: Changes Before The Office January, 2017
Industrial design registrations under the Industrial Design Act (the "Act") are similar to design patents in the US. They protect the features of a product that are visually appealing and not purely utilitarian. They can consist of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form, such as the design of a table or the shape of a computer monitor...
DECEMBER 01 2016
8th Annual Information Privacy and Data Protection: CASL Update
Lexpert's 8th Annual Information Privacy and Data Protection Seminar: CASL Update Presentation
AUGUST 10 2016
Eight Fogler Rubinoff Partners recognized by The Best Lawyers in Canada
Fogler, Rubinoff is pleased to announce that the following lawyers were selected by their peers for inclusion in the 2017 edition of The Best Lawyers in Canada.
- Steven A. Cygelfarb - Real Estate Law
- Milton A. Davis - Legal Malpractice Law
- Michael B. Fraleigh - Health Care Law
- Jeffrey B. Goldenberg - Real Estate Law
- Bill Hearn - Advertising & Marketing Law
- Kenneth W. Movat - Construction Law
- Sheldon Silver - Tax Law
- Colleen Spring Zimmerman - Intellectual Property Law
Best Lawyers compiles its lists of outstanding lawyers by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers.
JUNE 28 2016
Eight Fogler Rubinoff Partners have been profiled as Leading Practitioners in the 2016 Canadian Legal Lexpert® Directory
The 2016 Canadian Legal Lexpert® Directory has profiled eight Fogler Rubinoff lawyers as leading practitioners:
Steven A. Cygelfarb - Property Leasing
Milton A. Davis - Professional Liability
Michael B. Fraleigh - Medical Negligence
Bill Hearn - Advertising & Marketing Law
Martin L. Middlestadt - Property Leasing
Kenneth W. Movat - Construction Law
Colleen Spring Zimmerman - Intellectual Property
Michael S. Wolfish - Property Leasing
The Canadian Legal Lexpert Directory ranks individual lawyers across 64 areas of expertise and firms in over 40 practice areas. Recommendations for lawyers in the annual publication are the product of an extensive peer review process, with firm rankings tabulated from the cumulative rankings of individuals within each practice area reviewed.
JANUARY 21 2016
Ontario Bar Association Institute 2016
Ontario Bar Association Institute 2016 runs from February 2-6, 2016. Three of Fogler Rubinoff's lawyers are speaking at the event:
- Charles W. Skipper, 2015 Legal Trends and Developments: What Corporate Counsel Need to Know to be On the Cutting Edge
- Kenneth W. Movat, Insolvency Law for Uncertain Economic Time
- Colleen Spring Zimmerman, Protecting Intellectual Property in Commercial Contracting
AUGUST 25 2015
10th Edition of The Best Lawyers in Canada
We are pleased to announce that Steven A. Cygelfarb, Milton A. Davis, Michael B. Fraleigh, Jeffrey B. Goldenberg, Martin L. Middlestadt, Kenneth W. Movat, Sheldon Silver, Q.C. and Colleen Spring Zimmerman have been selected by their peers for inclusion in the 10th Edition of Best Lawyers in Canada.
AUGUST 13 2015
Colleen Spring Zimmerman interviewed by Epoch Times
Colleen Spring Zimmerman was interviewed and quoted in this article about changing attitudes towards protecting intellectual property.
Read it here: http://www.theepochtimes.com/n3/1717362-change-in-attitude-critical-for-protecting-intellectual-property/
JULY 30 2015
Leading Practitioners in the 2015 Canadian Lexpert® Directory
Fogler, Rubinoff LLP is pleased to announce that the following lawyers are Listed as Leading Practitioners in the 2015 Canadian Lexpert® Directory:
MAY 10 2013
IP Currents
MAY 01 2013
Highlights of the Safe Food For Industry
APRIL 01 2013
Bill On Local Food Act Re-Introduced
MARCH 01 2013
New Transition Plan for Natural Health Products
FEBRUARY 20 2013
Best Lawyers in Canada
We are pleased to announce that Raymond M. Gelgoot, Martin L. Middlestadt, Colleen Spring Zimmerman, Jeffrey B. Goldenberg, Steven A. Cygelfarb and Kenneth W. Movat, were recently selected by their peers for inclusion in the Seventh Edition of Best Lawyers in Canada.
Practice Areas
- Intellectual Property
- Patents and Industrial Designs
- Trademarks
- Litigation and Dispute Resolution
- Intellectual Property Litigation and Dispute Resolution
- Mergers and Acquisitions
- Corporate Commercial
- Ecommerce and Digital Media
- Arbitration and Alternative Dispute Resolution (ADR)
- Commercial Litigation
- Technology
- Freedom of Information and Privacy
- Health
- Health Care Labour and Employment
- Cross Border and International Tax
- Advertising and Marketing
- Privacy & Data Protection
Industry Groups
Publications
- Canadian Trade-mark Law Benchbook, 2012 Carswell Co-authored chapter on "Use in the Trade-marks Act and Section 45 Proceedings and Section 57 Proceedings"
- IP Portfolio: Revenue Generation, 2009 KPMG Bulletin
- Registration of Trade-marks with Facebook, 2009 Co-authored with Brandon Evenson , Lawyers Weekly
- Copyright Reform and Its Implications for Technology and Software Companies, 2009 Co-authored with Daniel Brinza, KPMG Enterprise Business Adviser
Speaking Engagements
- Future Proof Your Brand: Trademark Law Changes, Canadian Marketing Association, March 27, 2019
- CASL Update, Lexpert's 10th Annual Privacy and Data Protection Seminar, November 27, 2018
- CASL Compliance - Upgrading Consents for CEMs before July 1, 2017 and Protecting Trademark Rights in Digital Advertising - Online Trademarks in Metatags, Hashtags, Keywords and Domain Names at the the What's Trending Now in Digital Advertising & Marketing Seminar, February 28, 2017
- Lexpert's 8th Annual Information Privacy and Data Protection Seminar, CASL Update, Deceber 1, 2016
- Ethics in Mediation -IPIC Webinar, June 13, 2013 Toronto
- Understanding Copyright Law and Reform Course, May 23rd and 24th, 2013, Toronto - Speaking on Technical Protection Measures
- Toronto Speaks TV Series Legal Advice, June 17, 2013 Toronto
- 4th Mastering IP & IT Transactions Conference, 2012 Toronto - Chaired this annual event for the last 3 years. Prepared paper and spoke on Due Diligence for Complex IP and IT Transactions
- 5th Patents as a Competitive Strategy Conference, 2012 Toronto - Chaired this annual event for the last 5 years. Prepared papers and spoke, including on Due Diligence for Complex IP and IT Technology Transactions
- 16th Annual Intellectual Property Law - The Year in Review , 2012 Toronto - Panel member at this Law Society of Upper Canada conference and spoke on "How the Information Highway is Affecting IP Practice" (Part I) – Non-Litigation Panel"
- INTA Annual Meeting, 2012, Washington - Speaker and Moderator on "A Look at Anti-Spam Legislation in Various Jurisdictions and How it Affects Brand Owners Use of Brands"
- Ontario-New York State Legal Summit - Franchise, Licensing and Distribution Law Program, 2012, Buffalo - Prepared a paper and spoke on "License Agreements, Distribution Agreements, Agency Agreements and Private Label Agreements - A Canadian Perspective"
- 3rd Mastering IP & IT Transactions Event, 2011 Toronto
- INTA Annual Meeting , 2011, San Francisco- Speaker and moderator on "Seizure Orders: Anton Piller and Other Orders to Seize Infringing Goods"
- ABA International Law Section – Searching for the Truth and Seizing the Deceitful: Should the Anton Piller Remedy Come into U.S. Courts?, 2011, Washington - Prepared a paper and spoke on "Anton Piller Orders"
- Law Society of Upper Canada – Continuing Legal Education Program – The Six-Minute Business Lawyer 2010 , Toronto - Prepared a paper and spoke on "Updates on Intellectual Property Law"
- With KPMG – Toward Economic Recovery: Harnessing the Value of IP with Winning Strategies, 2009, Toronto - Prepared a paper and spoke on "Due Diligence for Complex IP and Technology Transactions"
Memberships
- Intellectual Property Institute of Canada (IPIC)
- International Trademark Association (INTA), Famous and Well-Known Marks Committee
- Licensing Executives Society (LES)
- American Bar Association/Intellectual Property Section
- Canadian Bar Association
- National Association of Women Lawyers (NAWL)
- Ontario Bar Association
- Canadian Marketing Association, Brand Strategy Council
Awards & Distinctions
Expert Guides: Women in Business Law, 2020 - named as a leading Trademark Practitioner
Recognized as a leading lawyer in The Best Lawyers™ in Canada, since 2009: Intellectual Property Law
Who's Who Legal - Recognized as a leading Trademark Practitioner in the 2017 Canada edition.
World Trademark Review 2012 – WTR 1000 – named as a Leading Trademark Practitioner
The Canadian Legal LEXPERT Directory – repeatedly recommended as a leading practitioner in Intellectual Property, 2011 – 2018 Editions
Chambers Global – the World’s Leading Lawyers for Business – Intellectual Property 2010, 2011, 2012 and 2013 Editions – IP Litigation
Education
- University of Western Ontario, LL.B., 1977
- Dalhousie University, B.Sc. in Pharmacy, 1974
- Certified Mediator (INTA) – May, 2011
Professional Designation
Registered Trade-mark Agent
