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Kelly Gill is a partner in Gowlings' Toronto office and co-leader of the Firm's IP Litigation National Practice Group. Kelly's practice specializes in trade mark, copyright, patent and misleading advertising litigation, including related rights and opinion work.
Kelly's practice has brought him before the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court Trial Division, the Ontario Court of Appeal, High Court and Divisional Court.
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.
Kelly has written extensively in his area of expertise and is co-author of Fox on Canadian Law of Trade-Marks and Unfair Competition, 4th edition. Considered by many to be the leading text on trade-mark law in Canada, this 4th edition published in 2002, is now a looseleaf service that is updated twice yearly. The new text was recently cited with approval numerous times by the Supreme Court of Canada in Kirkbi AG v. Ritvik Holdings Inc. (the “LEGO case”).
Kelly is an author of Trial by Survey: Survey Evidence and the Law, numerous chapters in different specialized texts, and articles on different facets of IP. He has sat on the editorial boards of the Canadian Intellectual Property Review and Patent World (London), and regularly lectures at such law schools as the University of Western Ontario and the University of Toronto and various conferences sponsored by such entities as ALI-ABA and the CBA. Kelly is also a Canadian contributing editor of the European Intellectual Property Review.
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