Henry Lue, Partner

Since being called to the Ontario Bar in 1994, Henry has built a strong practice in trademark prosecution and intellectual property litigation representing clients from a wide range of industries. He is a registered trademark and patent agent.
Henry has experience as counsel in the Federal Court and Ontario Court in a variety of intellectual property matters.  He has also been counsel in the Supreme Court of Canada in cases that have involved fundamental trade-mark issues.
Henry is an active contributor to the intellectual property law community, holding memberships in the International Trademark Association (INTA), MARQUES, the American Bar Association, and the Canadian Bar Association.  He is also an Associate member of the Intellectual Property Institute of Canada (IPIC). He has been or is currently a member of the following committees: INTA Emerging Issues, INTA Trade Dress, INTA Non-Traditional Marks, IPIC Trade-mark Practices, IPIC Trade-mark Agents Review, and MARQUES Trade-mark Practices Committees.
Prior to entering law school at the University of Western Ontario Henry obtained a B.Sc. (with Distinction) in Physiology from the University of Toronto. He is BV®Preeminent™ rated by Martindale-Hubbell.


Selected presentations and publications:
"Look and Feel, Functionality & Trade Dress:  Comparing Canadian and U.S. Approaches" IPIC 83rd Annual Meeting, St. John's Newfoundland and Labrador, Sept 2009 (co-presenter)
"Protecting Against Parallel Imports and Grey Markets" Federated Press, Toronto, Oct 2009
"Google AdWords dodges liability for trademark infringement", The Lawyers Weekly, June 2010 (co-author)
"Cooling off Period Undercuts Plan to Shorten Opposition Process", The Lawyers Weekly, Jan 2010 (co-author)
"A cross-border comparison of fraud on trade-marks office", The Lawyers Weekly, Nov 2009 (co-author)
Canadian chapter, Getting the Deal Through: Trademarks 2008, Law Business Research (2008)
"The iPhone trade-mark", The Lawyers Weekly, March 2007 (co-author)
"Damages in trade-mark suits should reflect the value of a brand", The Lawyers Weekly, January 2007 (co-author)
"Lego v Mega Bloks in the Supreme Court of Canada: ephemeral rights in toy bricks", INTA Trademark Reporter, May 2006 (co-author)
"The fame game and trademarks", CBA National Magazine's Addendum, March 2006 (co-author)
"Mega Bloks highlights challenge in using trade-marks to protect products", The Lawyers Weekly, February 2006 (co-author)

Primary practice areas:

Intellectual property litigation
Trademark prosecution

T 647.288.9527
F 416.971.6638
E hlue@*please delete*dimock.com

Selected cases:

BMW Canada Inc. v. Nissan Canada Inc. (T-1395-05/A-3-07)

Kirkbi AG (Lego) v. Ritvik Holdings Inc. (Mega Bloks) (SCC File No. 29956)

Kirkbi AG (Lego) v. Ritvik Holdings Inc. (Mega Bloks) (A-395-02)

Almecon Industries Ltd. v. Anchortek Ltd. (A-34-02, A-398-02/T-992-92)

Whirlpool Corporation et al v. Camco Inc. et al., (SCC File No. 27208/A-630-97/T-2028-95)

AlliedSignal Inc. v. DuPont Canada Inc. (A-317-98)

Kun Shoulder Rest Inc. v. Joseph Kun Violin and Bow Maker Inc. (T-118-97)

Almecon Industries Ltd. v. Nutron Manufacturing Ltd. (A-232-96/T-762-88)

Remington Rand Corp v. Phillips Electronics N.V. (A-633-93/T-1695-91)

Procter & Gamble Inc. v. Unilever PLC (A-324-93/T-2534-85)

CFM Inc. v. Wolf Steel Ltd. (A-497-93/T-801-92)