A partner at the firm since 1999, Kelly Gill is best known for his intellectual property litigation practice, particularly in the areas of trademarks and unfair competition. Kelly is leader of the firm’s Trademarks Group and interim leader of the Intellectual Property Litigation Group.
Kelly is ranked as a leading IP lawyer by some of the world’s foremost legal directories, such as the Canadian Legal Lexpert Directory, Who’s Who Legal, Chambers Global and the Best Lawyers in Canada. The 2012 World Trademark Review 1000 ranks him as one of the top-seven trademark litigation counsel in Canada, stating that he “has an outstanding knowledge of trademark law and is extremely strong and robust in trial.”
Kelly has appeared before all levels of court in Canada and served as counsel on two of the Supreme Court of Canada’s most important trademark and copyright decisions: Masterpiece Inc. v. Alavida Lifestyles Inc. (2011 SCC 27) and CCH Canadian Ltd. v. Law Society of Upper Canada (2004 SCC 13).
Kelly currently sits on the IP Osgoode Advisory Board at Osgoode Hall Law School.
Kelly has appeared as counsel on numerous reported intellectual property decisions. For example:
CCH Canadian Ltd. v. Law Society of Upper Canada, where Kelly appeared as counsel for the Law Society at trial, the Court of Appeal and the Supreme Court of Canada. This leading copyright case was the first time the Supreme Court dealt with such fundamental copyright issues as the standard of originality and fair dealing. The 2004 Judgment of the Supreme Court of Canada is recognised as one of the most important copyright decisions in Canadian history.
Consorzio Del Prosciutto Di Parma v. Maple Leaf Meats Inc., where Kelly appeared as counsel for the successful defendant at trial and the Court of Appeal. The case dealt with the validity of the Defendant’s PARMA trade mark registered for use in association with various meat products in the face of an allegation of geographical misdescriptiveness by a consortium of ham producers from Parma, Italy.
Johnson & Johnson Inc. v. Bristol-Myers Squibb Canada Inc., where Kelly successfully defended an allegation of misleading advertising in the context of an OTC comparative claim.