Kelly Moffatt

Kelly Moffatt

Partner, Commercial

Key Contact: Retail

Key Contact: Marketing and Distribution

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.

  • 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

  • SureWerx

    SureWerx in its acquisition of Jackson Safety® and Wilson Brands From Kimberly-Clark Professional

  • Regis Corporation

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

  • Symmetrics Business Intelligence Solutions Inc.

    Symmetrics Business Intelligence Solutions Inc. in its acquisition by Calabrio, Inc.

    • 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)
    • "I really trust her judgement, business acumen and expertise."
    • "...a terrific advertising lawyer."
  • The Canadian Legal Lexpert Directory: Recognized in Advertising & Marketing Law
  • 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); Transactions
    • "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.”
    • "is extremely knowledgeable of the IP law, pragmatic in her advice and responsive for all enquiries. Really plugged into the world of business, she is held in very high regard.”
  • WTR Global Leaders: Recognized as a Global Leader

  • 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).