Partner at Osler, Hoskin & Harcourt LLP
John Cotter practises in the areas of IP and IT litigation and has a commercial litigation background. He has extensive experience in disputes relating to trademarks, copyright, domain names, trade secrets and confidential information, counterfeit products, misleading advertising, software licensing and IT projects (including disputes arising out of software development and software integration projects). Mr Cotter is anti-piracy counsel for a leading software company.
Examples of recent cases include trademark infringement actions; copyright infringement actions (including fair dealing issues); Copyright Board of Canada proceedings; software licensing disputes; trade secret and confidential information claims; disputes arising from software development and consulting projects; technology licensing disputes; domain name disputes; misleading advertising claims (including Advertising Standards Canada proceedings); trademark opposition proceedings; appeals of decisions of the registrar of trademarks; and trademark expungement proceedings.
Mr Cotter’s commercial litigation background includes contractual disputes, product liability matters and tort claims. He also speaks and writes frequently on IP and litigation matters, and has served on the editorial board of the Canadian Patent Reporter.
Mr Cotter has been actively involved in a number of professional organisations, including serving as chair of the Professional Development Committee of the Canadian Bar Association (National Intellectual Property Law Section) and chair of the Intellectual Property Institute of Canada’s Anti-counterfeiting Committee.
Mr Cotter has been recognised in Canadian and worldwide rankings including Chambers Canada 2019 (IP litigation); The Best Lawyers in Canada 2019 (IP law); the WTR 1000 2018 (anti-counterfeiting; enforcement and litigation); Managing Intellectual Property 2018 (IP Star Canada); The Canadian Lexpert Directory 2018 (IP law); and the latest Expert Guide for trademarks.
He has been described as “among the best in the business when it comes to anti-counterfeiting”.