Sarah O'Grady


Lawyer, Trademark Agent

647.478.2432
sarah.ogrady@cpstip.com

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Year of Call:

  • Ontario Bar, 2011
  • Trademark Agent (Canada), 2013

Education:

BA (Hons), Queen’s University, 2007

J.D., University of Toronto, 2010

Sarah is a partner of CPST Law LLP and its related patent and trademark agency firm, CPST Intellectual Property Inc. She is a lawyer and trademark agent.

Sarah has a broad-based intellectual property practice which covers IP litigation, trademark prosecution and portfolio management as well as commercial IP work.

Sarah has a range of IP litigation experience, including disputes related to patents, copyright, trademarks and trade secrets, and has represented clients at both the trial and appellate levels. Sarah’s practice also involves management of trademark portfolios, including providing strategic advice, opining on availability and registrability, filing and prosecuting applications in Canada, and representing clients in trademark opposition and non-use proceedings.

On the commercial side, Sarah advises clients on IP issues in transactions involving intellectual property and technology. She drafts and negotiates agreements related to the development, licensing, transfer and commercialization of intellectual property.

Sarah has been recognized as a leading intellectual property lawyer by the following:

  • Managing Intellectual Property IP Stars (Rising Star)
  • World Trademark Review 1000: The World's Leading Trademark Professionals
  • World Intellectual Property Review Leader
  • ChIPs, Leadership Team – Toronto Chapter
  • International Trademark Association, Member - Non-Traditional Marks Committee
  • Intellectual Property Owner’s Association, Member - Copyright Committee
  • Intellectual Property Institute of Canada
  • Author, Breweries Litigate Branding: Canadian Disputes Over Beer Trademarks, Brewers Journal Canada, Winter 2023.
  • Quoted - Who owns the maple leaf? B.C. artist claims the icon used by a minor league hockey team is hers, National Post, December 19, 2022.
  • Author, The Perfect Pairing: Intellectual Property and Wineries, Crush Magazine, Spring/Summer 2021.
  • Author, Brew Branding: Intellectual Property Issues, Brewers Journal Canada, Fall 2020.

  • Co-author, Then and Now: Assessing Canadian Practice One Year Into The New Regime, World Trademark Review Magazine, Fall 2020.
  • Co-author, Supreme Court of Canada Overhauls Framework for Review of Administrative Decisions, Including Appeals from Trademarks Opposition Board, IP Litigator Magazine, September/October 2020.
  • Speaker - Scents and Textures and Tastes, Oh My!: Non-Traditional Marks in Canada, Toronto Intellectual Property Group, February 8, 2024.
  • Speaker – Why Should Breweries Care About Intellectual Property?, Ontario Craft Brewers Conference, October 25, 2023.

  • Moderator - Copyrights/Trademarks: Fair Use, Intellectual Property Owners Association 2023 Annual Meeting, September 12, 2023
  • Speaker – Brew Branding: Intellectual Property Issues Facing Craft Breweries, Ontario Craft Brewers Conference, October 25, 2022.
  • Moderator - Implementation of the Changes to Canada's Trademarks Act: One and a Half Years Later, International Trademark Association, December 9, 2020.

The following is a sample of Sarah’s litigation matters:

  • Trial counsel for defendant in successfully invalidating a patent relating to fracturing technology and obtaining a declaration of non-infringement (Packers Plus v. Essential Energy)
  • Counsel for defendant at trial and on appeal in successfully invalidating two patents relating to electrical switchgear and obtaining a declaration of non-infringement in respect of both patents (ABB v. Hyundai Heavy Industries)
  • Counsel for respondent in successfully defending an application for an interlocutory injunction relating to a software license agreement (ProPurchaser v. Wifidelity)
  • Counsel for the defendant at first instance and on appeal in a successful summary judgement motion related to allegations of copyright infringement

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Intellectual Property.
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