Jim Holloway

Jim Holloway

Partner
Baker & McKenzie LLP

Biography

Jim Holloway joined Baker McKenzie after graduating from law school in 1991. He is a recognized and ranked leader in the areas of intellectual property and technology, a skilled and experienced trial and appellate advocate, and a trusted strategic advisor. Jim was formerly the Managing Partner of the Toronto Office, a member of the Firm's Global Executive Committee, a member of the Firm's Policy Committee, and served as Chair of the North America region.

Practice Focus

Jim’s practice is focused on intellectual property law and technology, including trademark, copyright, patent and trade secret disputes.  Jim also provides clients with strategic, pragmatic and commercial advice on the development, protection, monetization and enforcement of their intellectual property assets, and how to avoid/manage risk.  He also handles anti-counterfeiting litigation, diversion and grey market matters, unfair competition claims, marketing and advertising complaints, licensing and distributorship disputes, breach of confidentiality matters, and product liability claims involving technology. Jim has advised and represented many leading companies in the intellectual property area, and has acted as lead counsel on matters before the Ontario Superior Court of Justice, the Ontario Court of Appeal, the Federal Court, Trial Division, the Federal Court of Appeal and the Supreme Court of Canada.

Representative Legal Matters

  • Represented a well-known food and beverage company in a lawsuit involving the unauthorized sale of cannabis products in packaging that mimicked the look of that company’s well known confectionery products.
  • Represented a well-known vaping company in a lawsuit involving the unauthorized sale of noncompliant cannabis products in association with confusingly similar trademarks and trade dress, and infringing designs.
  • Represented one of the world’s leading fast-moving consumer goods companies in a dispute involving the alleged use of a confusingly similar trademark in association with compliant cannabis products.
  • Represented one of the world’s leading videoconferencing companies during the COVID-19 pandemic in a lawsuit alleging the infringement of a Canadian media company’s trademarks.
  • Represented a leading retail store chain in a lawsuit involving the sale of android set-top devices wrongly alleged to be designed and used for the purposes of copyright infringement.
  • Represented the manufacturer of devices used for the purposes of mineral exploration in an international commercial arbitration with its former North American distributor.
  • Represented a leading financial services company in a copyright infringement lawsuit alleging the unauthorized licensing and use of fintech software.
  • Represented a Chinese mining company in a lawsuit alleging the misuse of confidential information in furtherance of making a very large investment in a publicly traded Canadian mining company.
  • Represented a Canadian company importing and selling Persian food products in a lawsuit against competitors selling look-alike products, including products displaying infringing trademarks. 
  • Represented a multinational food company in a lawsuit arising from a third party’s importation and sale of unauthorized grey market confectionery products.

Professional Associations and Memberships

  • Law Society of Ontario
  • Metropolitan Toronto Lawyers' Association
  • International Anti-Counterfeiting Coalition
  • Canadian Anti-Counterfeiting Network
  • Canadian Bar Association
  • Swedish-Canadian Chamber of Commerce - Officer & Director
  • International Trademark Association (INTA)
  • The Advocates' Society

Admissions

  • Ontario~Canada (1993)

Education

  • Osgoode Hall Law School (LL.M. Intellectual Property) (2003)
  • University of Western Ontario (LL.B.) (1991)
  • McMaster University (B.A., summa cum laude) (1988)

Languages

  • English
  • Panel, "Maximizing the Value of Legal Marketing Departments: From the Lawyers' Perspective", Legal Marketing Association (LMA) Toronto Chapter Annual Conference, 2012
  • Author, "Towards a Lighter Shade of Grey? A Critical Look at the Erosion of Canadian Trademark Law As a Vehicle to Address Grey Marketing", 19 Intellectual Property Journal, page 428.
  • Author, "Canadian Anti-Counterfeiting Laws & Practice: A Case For Change", Volume 96, Trademark Reporter, page 724.
  • Author, "The Protection of Trademark Goodwill in Canada", 2004, 17 Intellectual Property Journal, page 1.
  • Author, "Injunctions in Intellectual Property Litigation"; paper written for LLM in Intellectual Property Law, Osgoode Hall Law School.
  • Author, "Parody under U.S. and Canadian Copyright Law"; paper written for LLM in Intellectual Property Law, Osgoode Hall Law School.