Kelly Moffatt

Kelly is the head of the firm’s Marketing & Distribution Practice Group. Her commercial practice has an emphasis on consumer protection, marketing, distribution and intellectual property matters. Widely recognized for her business practical approach, she works extensively with retailers, manufacturers, distributors and marketers of a broad range of products and services, as well as with advertising and promotional agencies. Kelly advises Canadian and foreign based clients in connection with various aspects of doing business in Canada including consumer protection legislation, advertising and promotions, coupons, packaging and labelling, e-commerce and distribution and pricing matters. In addition, Kelly’s practice extends to various aspects of intellectual property law, including the protection, registration and licensing of intellectual property rights and the protection of confidential information. She also regularly provides transaction and litigation support in marketing, trade practice, distribution and intellectual property matters.


Representative Work

  • Assisting various foreign retailers in establishing their Canadian operations
  • IP and commercial support in connection with the firm’s most significant transactions
  • Assisting foreign businesses with distribution and licensing of products and intellectual property rights in Canada
  • Assisting Canadian and foreign based clients in connection with ongoing commercial issues

Latest Insights

  • Webinar Oct 6, 2022

    The past, present and future of green claims: key insights for practitioners and businesses

    With insight from experts across the firm, this webinar offers businesses and legal practitioners a truly cross-disciplinary perspective on green...

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    The past, present and future of green claims: key insights for practitioners and businesses
  • Osler Update Nov 20, 2017

    Consumer protection and online advertising

    The Competition Bureau (the Bureau), the Office of the Privacy Commissioner (OPC) and other regulators have identified the protection of consumers in...

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  • Osler Update Mar 30, 2017

    French language requirements for public signage in Québec

    Since November 24, 2016, new regulations under the Charter of the French Language require public signage that displays English trademarks to also...

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  • Osler Update Nov 23, 2016

    Québec introduces new French language requirements for public signage

    The Québec government recently announced new regulations amending the rules under the Charter of the French Language and introducing new French...

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Awards and Recognition

  • Chambers Canada: Canada’s Leading Lawyers for Business: Recognized in Advertising & Marketing: (Nationwide) (Band 1); Retail (Nationwide)
    • “I really trust her judgement, business acumen and expertise.”
    • “…a terrific advertising lawyer.”
  • The Canadian Legal Lexpert Directory: Recognized in Advertising & Marketing Law; Toronto’s leading advertising and marketing lawyers in 2021
  • Best Lawyers in Canada: Recognized in Intellectual Property Law, Advertising and Marketing Law
  • World Trademark Review 1000: The World’s Leading Trademark Professionals: Recognized in Prosecution and Strategy (Gold band); Recognized in Transactions
    • “practical and proactive partner, great at cutting to the chase and ensuring that matters such as registry disputes don’t get snagged up.”
    • “Kelly is fantastic. She always gives practical and proactive advice. Where she stands out is that she cuts to the important bits and avoids getting tangled up in non-substantive issues.”
    • “She gets things completed quickly with no unforeseen complications or costs.”
  • WTR Global Leaders: Recognized as a Global Leader
  • Who’s Who Legal: Recognized in IP – Trademarks; Canada – Trademarks

Media Mentions

  • Osler News Feb 12, 2024

    Osler’s IP Group recognized by World Trademark Review 1000: The World’s Leading Trademark Professionals 2024

    Osler's IP Group recognized by World Trademark Review 1000: The World’s Leading Trademark Professionals 2024

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  • Osler News Apr 27, 2023

    Osler’s Intellectual Property group receives Trademark Disputes Firm of the Year (Canada) at the Managing IP Americas Awards 2023

    Congratulations to our Intellectual Property group for receiving the Trademark Disputes Firm of the Year (Canada) at the Managing IP Americas Awards...

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  • Osler News Feb 14, 2023

    Osler’s IP Group recognized by World Trademark Review 1000: The World’s Leading Trademark Professionals 2023

    Osler is proud to announce that our IP Group has once again earned the silver band ranking in both the Firms and Firms: anti-counterfeiting...

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  • Osler News Mar 3, 2022

    Osler’s IP Group recognized in 2022 edition of WTR 1000: The World’s Leading Trademark Professionals

    Osler’s Intellectual Property Group had another strong showing in the 2022 edition of the World Trademark Review 1000: The World’s Leading...

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Speaking and Writing

Speaking Engagements

speaker 06/10/2022
The past, present and future of green claims: key insights for practitioners and businesses
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Published Work

  • Advertising for Children: Solutions to Overcome the Complexities, Canadian Institute Advertising and Marketing Law Conference, January 22, 2014 (speaker).
  • Olympic Advertising, Osler Advertising and Marketing Review, November 2009.
  • Non-Compete and Non-Solicitation Provisions Raise Presumption of Irreparable Harm, Osler Advertising & Marketing Review, October 2008.
  • Payday Loans Regulation Developments in Nova Scotia, Ontario and Manitoba, Osler Advertising and Marketing Review, October 2008.
  • Competition Bureau Adopts New Environmental Claims Guide, Osler Advertising and Marketing Review, October 2008.
  • Canadian Institute Advertising and Marketing Law Conference, 2006 – 2009 (speaker).

Credentials

Education

  • University of Western Ontario, LL.B.

Languages

  • English

Professional Affiliations

  • Promotion and Marketing Association
  • Canadian Bar Association, National Intellectual Property Law and Competition Sections
  • American Bar Association, Intellectual Property Section
  • International Trademark Association
  • Toronto Computer Lawyers Association