Dylan Gibbs

Biography

Dylan is an intellectual property lawyer and litigator dedicated to safeguarding his clients’ valuable intangible assets. Dylan combines his litigation and trademark prosecution experience with a strategic approach to dispute resolution that aligns with clients’ business goals.

As an associate at Gilbert’s, Dylan provides comprehensive legal support in high-stakes IP disputes for clients in the pharmaceutical, telecommunications, software, and energy sectors. In his trademark practice, Dylan develops effective prosecution strategies to safeguard brand identity, including preparing clearance searches and trademark applications, responding to office actions, and coordinating with international trademark agents. Dylan also has experience in regulatory and administrative procedures, including in particular, seeking disclosures through access to information / freedom of information requests under both federal and provincial legislation.

Drawing on his previous experience working at the McGill University Office of Innovation and Partnerships, Dylan provides strategic advice to clients relating to all stages of the innovation and technology transfer lifecycle, from conception to protection, commercialization, and enforcement.

Before joining the firm, Dylan earned dual degrees in common and civil law from McGill University, where he earned course prizes and competitive mooting awards. Outside the office, Dylan enjoys hiking and camping and is an active member of the Intellectual Property Institute of Canada and the Advocate’s Society.

Representative Experience

  • Steelhead LNG (ASLNG) Ltd., et al. v ARC Resources Ltd., et al., 2024 FCA 212: Represented appellants in an appeal concerning the validity of a patent claiming floating liquefied natural gas facilities.
  • Steelhead LNG (ASLNG) Ltd., et al. v Cedar LNG Partners LP, et al., Federal Court File No. T-1420-23 (ongoing): Representing plaintiffs in a patent dispute concerning the Cedar LNG Project.
  • Bayer Inc. et al v. Samsung Bioepis Co., Ltd., Federal Court File Nos. T-1970-24, T-1969-24, T-1968-24 & T-1966-24: Successfully represented a biopharmaceutical company in proceedings under sections 6(1) and 8.2 of the Patented Medicines (Notice of Compliance) Regulations concerning a biosimilar of aflibercept.
  • Steelhead LNG (ASLNG) Ltd., et al. v ARC Resources Ltd., et al., 2024 FCA 67: Represented appellants in an appeal of a summary trial decision concerning infringement of patented floating liquefied natural gas facilities.
  • WHC zShuttle, LLC v Super Shuttle Share-A-Ride Corp., 2024 TMOB 55, 2024 TMOB 56 & 2024 TMOB 57: Successfully represented trademark owner in three summary expungement proceedings under section 45 of the Trademarks Act.
  • Vision Travel DT Ontario-West Inc. v Calvert, et al., Federal Court File No. T-862-22: Successfully represented a plaintiff in the travel industry in a trademark infringement and passing off dispute.
  • The Haudenosaunee Development Institute v Ontario (Minister of Environment, Conservation and Parks), et al., Ontario SCJ File No. 426/21: Successfully represented a plaintiff in a judicial review concerning a transit project.
  • Six Nations of the Grand River Band of Indians v Canada, et al., Ontario SCJ File No. CV-18-594281: Represented an indigenous organization in a motion for party status pursuant to Rules 13.01, 10.01(1) and/or 12.08 of the Rules of Civil Procedure.  
  • The Corporation of the City of Brantford v Bomberry, et al., Ontario SCJ File No. CV-21-00000288-000: Successfully represented a defendant in a trespass and injunction action.
  • Amelin Engineering Ltd. v Blower Engineering Inc., 2022 ONCA 785: Represented appellant in an appeal concerning claims of negligent misrepresentation made in the sale of steam generators.
  • THE Incorporated d.b.a. The Tragically Hip v Trillium Beverage Inc. d.b.a. Mill Street Brewery, Federal Court File No. T-236-21: Represented The Tragically Hip in a trademark and copyright dispute relating to the unauthorized branding and marketing of a beer in association with the band and its chart-topping track “At the Hundredth Meridian”. The parties resolved the litigation following a successful mediation.

Education
JD (2020) & BCL (2020), McGill University
BA, Philosophy and Political Science (2015), Northeastern University
Qualifications

Ontario (2021)

Trademark Agent in Training (CPATA 2024)