Intellectual Property Law
A. Kelly "Kelly" Gill
Recognized in Best Lawyers since 2008 Awarded Practice Areas
Biography
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.”
In 2011, Kelly received an honourable mention from Intellectual Property Magazine for its “International IP Lawyer of the Year” award, which is presented to an individual who has shown outstanding technical skill and innovation, a commitment to quality advice, entrepreneurial spirit in enabling their clients to get the right commercial result, and an ability to contribute to strategy.
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 is the author of numerous publications, most notably Fox on Canadian Law of Trademarks and Unfair Competition (4th edition). This two-volume text, first published in 2002 and updated each year since, is considered the leading trademark law authority in Canada. It has been cited by every level of court, including the Supreme Court of Canada in all of its trademark judgments since publication.
Kelly currently sits on the IP Osgoode Advisory Board at Osgoode Hall Law School.
Kelly is recognized in Chambers Global: The World's Leading Lawyers for Business 2013for Intellectual Property: Litigation.
Overview
- Ontario, Canada
- Canadian Bar Association - Member
- Institute of Trademark Agents - Member
- Intellectual Property Institute of Canada - Member
- International Trademark Association - Member
- Ontario, Canada
- Canadian Bar Association - Member
- Institute of Trademark Agents - Member
- Intellectual Property Institute of Canada - Member
- International Trademark Association - Member
Client Testimonials
Awards & Focus
Recognized in The Best Lawyers in Canada™ 2026 for work in:
- Intellectual Property Law
News & Media
Additional Information
- REPRESENTATIVE WORK
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.
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