Kelly Moffatt

Kelly Moffatt

Partner, Commercial

Key Contact: Advertising and Marketing

Key Contact: Retail and Consumer Products

Contact Information

kmoffatt@osler.com

tel: 416.862.5933

Office

Toronto

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Areas of Expertise

Bar Admission

Ontario, 1992

Education

  • University of Western Ontario, LL.B.

Language(s)

English

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.

  • OneComply Inc.

    OneComply in its acquisition by GeoComply Inc.

  • Verisk Analytics

    Verisk Analytics in its acquisition of Opta

  • Angus Systems

    Angus Systems in its acquisition by MRI Software

  • Security Compass Technologies

    Security Compass Technologies in the sale of its consulting business to Kroll

  • Symplicity Corporation

    Symplicity in its acquisition of Orbis Communications

  • Kira Talent

    Kira Talent in its majority stake investment by ETS

  • Diversey

    Diversey acquires certain assets of Avmor

  • Microsoft

    Microsoft in its acquisition of Two Hat

  • TELUS Health Solutions Inc.

    TELUS Health Solutions Inc. in connection with the restructuring of ChronoMétriq Inc. and Health Myself Innovations Inc.

  • TransUnion

    TransUnion in its $638 million acquisition of Sontiq

  • Spire Global

    Spire Global in its $204.2 million acquisition of exactEarth

  • Clio

    Clio in its acquisition of Lawyaw

  • Accomplice and JPMorgan Chase

    Accomplice and JPMorgan Chase in FreshBooks’ US$130 million Series E financing

  • Aceto

    Aceto in its acquisition of A&C

  • Goldman Sachs Merchant Banking Division

    Goldman Sachs Merchant Banking in its $1.13 billion acquisition of People Corporation

  • Closing Folders

    Closing Folders in its acquisition by iManage

  • Fibocom Wireless Inc.

    Fibocom Wireless in its acquisition of Sierra Wireless’ automotive embedded module product line for US$165 million

  • Corus Radio

    Corus Radio in its successful injunction motion over station-naming

  • Tutela Technologies Ltd.

    Tutela Technologies Ltd. in its acquisition by Comlinkdata

  • Entertainment One

    Entertainment One in its US$4 billion acquisition by Hasbro

  • Ventas, Inc.

    Ventas in its acquisition of a high quality Canadian seniors housing portfolio valued at $2.4 billion in partnership with Le Groupe Maurice

  • Karen HR Inc.

    Karen HR Inc. in its acquisition by Alexander Mann Solutions

  • Smooch Technologies Holdings ULC

    Smooch Technologies Holdings ULC in its acquisition by Zendesk, Inc.

  • Morgan Stanley

    Morgan Stanley in its acquisition of Solium Capital for $1.1 billion

  • Regis Corporation

    Regis Corporation in connection with its sale and subsequent franchise of substantially all of its mall-based salons in Canada.

    • 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
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  • 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

  • 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

  • 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).