The lecture begins at the 14:30 minute mark.
On November 24th, we returned to the Federal Court of Canada in Toronto for the Second Annual Justice Roger T. Hughes Memorial Lecture in Intellectual Property Law, an event dedicated to celebrating the remarkable contributions of the late Honourable Justice Hughes to the intellectual property (“IP”) community. We were joined by friends and colleagues from the legal community, including current and past Justices of the Federal Court of Canada, faculty and students from Osgoode Hall Law School, counsel from law firms, and others impacted by his life and work.
Organized by the IP Innovation Clinic, with the support of the late Justice Hughes’ family, this annual lecture series commemorates his enduring influence on IP law at Osgoode Hall Law School, across Canada, and beyond. As the event’s organizing chair, Professor Pina D’Agostino, Associate Vice-President at 첥Ƶ and Founder and Director at the IP Innovation Clinic, put it in her opening remarks, “This event is really a testament to Roger and his lasting mark on each of us.” She also described Justice Hughes as a trailblazer in the legal community and “a legal luminary, mentor, and friend” to many across Canada and the world.
At Osgoode Hall, his commitment to advancing legal education has shaped generations of students and practitioners, whether it was through his Litigating IP Cases seminar, his presentations for students in the IP Innovation Clinic’s Intellectual Property Law & Technology Intensive Program Seminar Series, or as a judge for Canada’s IP Writing Challenge. Professor D’Agostino remarked, “He was a dedicated teacher and mentor engaging with students and professionals on topics, such as civil litigation and intellectual property leaving an enduring legacy across the legal community.”
Following Professor D’Agostino, Dean Trevor Farrow spoke on behalf of Osgoode Hall Law School and shared the ways in which Justice Hughes left a legacy there, from spearheading several IP initiatives to his contributions as an educator and through a bursary created in his name by his family and friends. The Honourable Roger T. Hughes, KC, BSc, LLB Bursary was established to reflect Justice Hughes’ dedication as a teacher and mentor throughout his career and into retirement (more information is available ). Dean Farrow emphasized, “his name and the family will touch and impact students to come who face different kinds of barriers and these are remarkable things that change people’s lives.”
The Honourable Justice Angela Furlanetto, Justice of the Federal Court of Canada and ex officio member of the Federal Court of Appeal and the Head of IP and Competition Law Chambers, provided opening remarks on behalf of the Federal Court of Canada. The Hon. Justice Furlanetto reflected on working with Justice Hughes adding, “As a litigator, he was a formidable opponent and as a judge, a strong and commanding presence.”
This year’s keynote lecture was delivered by a long-time friend of Justice Hughes, Mr. Daniel Bereskin, C.M., K.C., Principal at Smart & Biggar. Mr. Bereskin knew Justice Hughes for nearly six decades and served alongside him as a judge of the IP Writing Challenge. His lecture, “Brand Bandits: The Threat to Honest Commerce from Abusers of the Trademark System,” addressed pressing issues in the trademark system with particular emphasis on the topic of trademark cluttering.
He explained that while trademark registration statutes were designed to make the process faster or more efficient, they have inadvertently opened the door to abuse, allowing parties to obtain trademarks for goods or services they have no intention of using. This abuse creates challenges for practitioners with trademark clearance searches becoming “uncertain, time-consuming, and problematic”.
Mr. Bereskin’s closing message was a call for reform in Canadian trademark legislation Inspired by the US Trademark Modernization Act, he proposed that trademark applications should include statements indicating that the trademark has been or will be used in Canada.
In agreement with Sir Robin Jacob, Chair of Intellectual Property Law at University College London Faculty of Laws, he proposed that any false claims should make a trademark registration void. He also proposed amending legislation to allow examiners to ask for proof in situations that raise suspicions. In keeping with the tradition started at the inaugural memorial lecture, Mr. Bereskin’s lecture will be published in the Intellectual Property Journal.
The annual memorial lecture concluded with reflections from the Honourable Paul Crampton, Former Chief Justice of the Federal Court, who highlighted that, “it’s difficult to think of anyone who made a bigger contribution to the court [than] Justice Hughes.” According to him, Justice Hughes was the “driving force” behind the IP Users Group created at the Federal Court, an external liaison group and the first of its kind. The Hon. Crampton also described Justice Hughes as a champion of efficiency and innovation in litigation and as a trusted resource for colleagues.
Following the lecture, attendees gathered for an evening of collegiality and conversation over refreshments and light bites. Professor David Vaver, who delivered the inaugural lecture in 2024, shared anecdotes and fond memories of Justice Hughes.
We extend our gratitude to the Federal Court of Canada for providing an ideal venue to celebrate and carry on Justice Hughes’ legacy of discourse on intellectual property law. We are thankful to our founding sponsors, Connected Minds, McCarthy Tetrault LLP, Gowling WLG, SOCAN, and DLA Piper for making this year’s lecture possible. Special thanks to our Clinic Coordinators at the IP Innovation Clinic, George Kay, Ginny Galpin, and Marwah Asrar, for their invaluable support during the event.
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