Intellectual Property & IP/IT Litigation

Mr. Sookman is very experienced in intellectual property and information technology litigation and arbitration proceedings. He has extensive expertise in copyright matters including in anti-piracy, copyright enforcement, and infringement proceedings including infringements related to computer and entertainment software, software, music, books, databases, audiovisual and other works, technological protection measures, Internet disputes, license disputes, Crown copyright, rights clearances, and international copyright issues including copyright treaty compliance.. He regularly advises clients on copyright issues and has testified numerous times before Parliamentary and Senate Committees on copyright and intellectual property trade related issues

In addition to providing strategic advice in connection with high-profile IP litigation, he has been involved as counsel in numerous cases, including the following:

  • Keatley Surveying Ltd. v. Teranet Inc 2019 SCC 43 (Supreme Court of Canada)
  • Google Inc. v. Equustek Solutions Inc., 2017 SCC 34  (Supreme Court of Canada)
  • Canadian Broadcasting Corp. v. SODRAC 2003 Inc., 2015 SCC 57 (Supreme Court of Canada)
  • Cinar Corporation v. Robinson, [2013] 3 SCR 1168 (Supreme Court of Canada)
  • Entertainment Software Association v. Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 34 (Supreme Court of Canada)
  • Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37 (Supreme Court of Canada)
  • SOCAN v. Canadian Assn. of Internet Providers [2004] SCC 13 (Supreme Court of Canada)
  • CCH Canadian Ltd. v. Law Society of Upper Canada [2004] SCC 13 (Supreme Court of Canada)
  • Robertson v. The Thomson Corporation [2006] 25 C.R. 363 (Supreme Court of Canada))
  • 3510395 Canada Inc. v. Canada (Attorney General), 2020 FCA 103
  • Entertainment Software Assoc. v. Society Composers, 2020 FCA 100
  • Re:Sound v. Canadian Association of Broadcasters, 2017 FCA 138
  • Planification-Organisation-Publications Systèmes (POPS) Ltée v. 9054-8181 Québec Inc., 2014 FCA 185
  • Equustek Solutions Inc. v. Google Inc., 2015 BCCA 265
  • Alberta (Education) v. Access Copyright, 2010 FCA 198
  • Canadian Wireless Telecommunications Association v. SOCAN [2008] FCA 6
  • Apple Canada Inc. v. Canadian Private Copying Collective 2008 FCA 9
  • Apple Canada Inc. v. Canadian Private Copying Collective, 2007 FCA 338
  • Delrina Corp. v. Triolet Systems Inc. [2002] 17 C.P.R. 289 (Ont. C.A.)
  • Delrina Corp. v. Triolet Systems Inc., 2002 CanLII 45083 (ON CA)
  • Nintendo of America Inc. v. Camerica Corp. [1991], 34 C.P.R. (3d) 193 (Fed. T.D.), affirmed [1991] 31 C.P.R. (3d) 352 (Fed. C.A.)
  • Weitzman v. Hendin (C.A.), 1989 CanLII 4185 (ON CA)
  • Consumers Glass Co. Ltd. v. Foundation Co. of Canada Ltd., 1985 CanLII 159 (ON CA),
  • Keatley Surveying v Teranet, 2016 ONSC 1717
  • Keatley Surveying Ltd. v. Teranet Inc., 2013 ONSC 1361
  • Robertson v. ProQuest Information and Learning LLC, 2011 ONSC 26
  • Tariff 22 Proceeding (Making Available Right) (Copyright Board)
  • Tariff 22 Proceeding (the Internet Copyright Tariff) [1999] 1 C.P.R. (4th) 417 (Copyright Board)
  • Gemologists International Inc. v. Gem Scan International Inc. [1986], 7 C.P.R. 225 (Ont. H.C.)
  • 394363 Ontario Ltd. v. Fuda, 1983 CanLII 1627
  • York Condominium Corp. No. 335 v. Cadillac Fairview Corp. Ltd.; Village Masonry Contractors Ltd. et al., Third Parties, 1983 CanLII 1734 (ON SC)
  • Sega Enterprises Ltd. v. Codemasters Limited (unreported UK proceeding) Chambers Global (2015-2016)

Mr. Sookman has consistently been ranked by authoritative Canadian and international guides as the top or among Canada’s top  intellectual property lawyers. For example:

Chambers Global (2015-2021) Intellectual Property (ranked highest in Band 1): “Barry Sookman is universally regarded as one of Canada’s foremost authorities on information technology and intellectual property issues. One client enthused: “He is excellent – he has the knowledge, the passion and the experience of how to navigate a matter to a successful conclusion.” “Barry Sookman is a renowned copyright expert, who recently acted for Music Canada as an intervener in an infringement case before the Supreme Court of Canada. Sources refer to him as “top-notch,” and say he “has his finger on the pulse of new market developments.”” “Barry Sookman is a recognised leader in the area of copyright, where he holds a wealth of experience.” “Barry Sookman is a recognised leader in the area of copyright, where he holds a wealth of experience. His work highlights include representing Teranet in copyright class action litigation against map surveyors in Ontario.” “Barry Sookman has a “great reputation” in the market as a talented lawyer who “wrote the book on IP and technology law.” He is particularly applauded for his work in copyright infringement matters.” “Technology specialist Barry Sookman is recognised throughout the market for his copyright practice. He is described as “a remarkably intelligent, sophisticated practitioner.” He is often retained as counsel on significant copyright mandates pertaining to websites.” “Barry Sookman operates a market-leading practice which focuses on technology law and e-commerce issues, including the associated IP concerns.” Barry Sookman is a popular choice for technology sector clients, as he offers “unparalleled copyright expertise” and deep knowledge of IP issues relating to the industry. Considered to be one of the country’s foremost experts on e-commerce issues, market commentators explain: “His ability to handle many different sides to things and his well-rounded practice sets him apart.”  “Barry Sookman is a popular choice for technology sector clients, as he offers “unparalleled copyright expertise” and deep knowledge of IP issues relating to the industry. Considered to be one of the country’s foremost experts on e-commerce issues, market commentators explain: “His ability to handle many different sides to things and his well-rounded practice sets him apart.”“Technology industry stalwart Barry Sookman continues to be recognised as a leading light in the area of copyright and information technology. “You don’t just get top-notch advice, but there is a gravitas that comes with working with him,” revealed one client, adding: “He is so well regarded within the legal industry and the government.””

Benchmark Litigation 2020 Litigation Star – Intellectual Property, Dispute Resolution

IP Stars 2020/21 – Copyright Star

Canadian Legal Lexpert Directory (2003-2019): Intellectual Property Law (Highest Ranking – Most Frequently Recommended)

The Legal 500 Canada (2017) Listed in Technology, Media, Telecoms (Leading Lawyers) “Toronto-based Barry Sookman is widely regarded as a market leader and advised the International Federation of Film Producers Associations and the International Federation of the Phonographic Industry, as interveners, in a landmark case ordering a search engine to delist websites from search indexes globally.”

Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada published by Lexpert and American Lawyer (2003-2019): Top-ranked lawyer in Computer & IT Law , Technology Transactions and Intellectual Property.

Martindale-Hubbell (2019) Preeminent Practitioner

The Legal 500 Canada (2019)  Intellectual Property (Leading individual) “key contact is litigator Barry Sookman, who focuses on IT, IP and privacy matters.”

Euromoney Legal Media Group’s Managing IP (2013) award for Canada’s Outstanding IP Practitioner.

Iam: The World’s Leading patent and Technology Licensing Lawyers (2011-2017): “Barry Sookman garners plaudits for his commercial awareness and ‘enterprising approach’ to licence agreements”; among “’the absolute elite of licensing experts’. He maintains a thriving practice encompassing IP and IT transactions for an international clientele.” “Barry Sookman has a wealth of experience in tech. he excels in transactions.” Barry Sookman “brings experience and quality to the table and is a pleasure to learn from.” “Barry Sookman is quick to spot monetisation opportunities.”