Ms. Johnston received her Juris Doctor from Osgoode Hall Law School in 1994, and was called to the Ontario Bar in 1996 as a Barrister and Solicitor. Ms. Johnston is also a Registered Trade-mark Agent in Canada. Since being called, Ms. Johnston has represented parties in contentious multi-jurisdictional litigation and prosecution issues (patents, trade-marks, passing off, copyright, anti-counterfeiting, contractual IP rights) and managed international and national IP portfolios on behalf of Canadian and foreign corporations, governmental and non-governmental organizations and individual intellectual property stake-holders.

In both 2013 and 2014, Ms. Johnston was recommended by her peers to LEXPERT as a leading practicioner in the field of intellectual property law. In addition, Johnston Law was recommended to LEXPERT and ranked as a leading intellectual property law firm.

She successfully represented the Garbo Group in Harriet Brown & Company Inc. v. Garbo Group Inc., (2009) 74 C.P.R. (4th) 391 (T.M.O.B.), in which the Opposition Board distinguished previous decisions of both the Opposition Board and The Federal Court of Canada; in 2011 she successfully represented Integra Lifesciences Corporation in Johnson & Johnson v Integra Lifesciences Corporation, (2011) 234 (T.M.O.B.); and in 2012 she successfully represented Buddha Foodha Inc. in Buddha Foodha Inc v George V Eatertainment, (2012) 50 (T.M.O.B.) and George V Eatertainment v Buddha Foodha Inc., (2012) 52 (T.M.O.B.).

Ms. Johnston is committed to serving the local, national and international community with ongoing pro bono legal services representing among others: EQUITAS — International Centre for Human Rights Education and CANFAR — Canadian Foundation for AIDS Research. In addition, Ms. Johnston is active writing and serving the legal profession internationally and nationally on matters relating to intellectual property law.
  • Professional/Committee Work
  • Reported Decisions
  • Speaking Engagements
  • Professional Memberships
  • Publications

Professional Volunteer and Committee Work

  • Journal of Intellectual Property Law and Practice – Member of the Editorial Board (July, 2015)
  • WIPO Diplomatic Conference on the Lisbon Agreement – Participated as the Vice-Chair of the MARQUES GI Team (May, 2015)
  • MARQUES – NGO Observer and Intervenor On Behalf of MARQUES at the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications: Thirty-Second Session (November, 2014)
  • MARQUES – NGO Observer and Intervenor On Behalf of MARQUES at the Preparatory Committee of the Diplomatic Conference for the Adoption of a Revised Lisbon Agreement on Appellations of Origin and Geographical Indications (October, 2014)
  • MARQUES – NGO Observer and Intervenor On Behalf of MARQUES at the Working Group Meeting on the Development of the Lisbon System at WIPO (Appellations of Origins) (October, 2014)
  • MARQUES – NGO Observer and Intervenor On Behalf of MARQUES at the Working Group Meeting on the Development of the Lisbon System at WIPO (Appellations of Origins) (June, 2014)
  • Federal Court of Canada - Bar Representative of the Federal Court IP Users Committee (2013 - 2014)
  • Canadian Bar Association - National Intellectual Property Section (September, 2008 - present; Chair of the CBA IP Court Practice Committee (September, 2011 – June, 2014)
  • MARQUES – Observer as Vice-Chair of the GI Team of MARQUES at the Working Group Meeting on the Development of the Lisbon System at WIPO (Appellations of Origins) (June, 2014)
  • OBA Central West – Guest Practitioner Judge at the Annual Central West Regional Mock Trial Tournament (March, 2014)
  • INTA – Vice-Chair of the INTA Related Rights Committee to Develop and Advocate INTA Positions on the Impact of Other Forms of IP and Overseeing the Geographical Indications, Indigenous Rights and Design Rights subcommittees (January, 2014 – December, 2015)
  • MARQUES – Observer as Vice-Chair of the GI Team of MARQUES at the Working Group Meeting on the Development of the Lisbon System at WIPO (Appellations of Origins) (December, 2013)
  • ECTA Publications Committee (June, 2013 – present)
  • Canadian Bar Association National IP Section Appointed Representative to the Federal Courts IP Users Committee (May, 2013 – May, 2016)
  • Canadian Bar Association – Chair of the IP Section Federal Courts Judges Dinner in Ottawa, Canada (May 17, 2012; May 4, 2013 and June 12, 2014)
  • Canadian Bar Association – Chair of the Federal Courts Town Hall Meeting for Bar and Bench in Ottawa, Canada (May 17, 2012; May 4, 2013 and June 12, 2014)
  • INTA - Annual Meeting 2012 Project Team member; Member of the Programs Committee for the INTA 2012 meeting in Washington, D.C. (May, 2012)
  • Canadian Anti-Counterfeiting Network - Education and Training Committee (May, 2012 - present)
  • Women Lawyers Alliance - Member of the Advisory Board (November, 2010 - December, 2011)
  • MARQUES – Observer as Vice-Chair of the GI Team of MARQUES at the Working Group Meeting on the Development of the Lisbon System at WIPO (Appellations of Origins) (May, 2011)
  • MARQUES – Observer as Vice-Chair of the GI Team of MARQUES at the Working Group Meeting on the Development of the Lisbon System at WIPO (Appellations of Origins) (August, 2010)
  • INTA - Related Rights Committee, Geographical Indications Subcommittee (January, 2010 – December, 2013)
  • INTA - Leadership 2010 Project Team, Member of the Planning Committee, Responsible for Moderating and Discussion on Anti-Counterfeiting (September, 2009 - November, 2010 for Leadership Meeting held in Phoenix, Arizona)
  • ECTA Anti-Counterfeiting Committee - Leader of the Working Group on ACTA and Member of the Working Group on Dangerous Counterfeits (April, 2009 - Present)
  • MARQUES – Observer as Vice-Chair of the GI Team of MARQUES at the Working Group Meeting on the Development of the Lisbon System at WIPO (Appellations of Origins) (March, 2009)
  • MARQUES - Geographical Indications Team (March, 2007 - present; Vice Chair February, 2010 - present)
  • INTA - North America Subcommittee, Geographical Indications (2006 - 2009)
  • INTA - Amicus Brief Committee (2002 - 2005)
  • Advisor to the INTA Board and President on Three Trade-mark Cases That Were Heard by the Supreme Court of Canada During Her Tenure, Namely: Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltée, 2006 SCC 23 and Mattel, Inc. v. 3894207 Canada Inc., 2006 SCC 22 (both cases concerning famous trade-marks); and Kirkbi AG v. Ritvik Holdings Inc., 2005 SCC 65 (concerning the overlap between trade-marks and functionality). With respect to the Kirkbi AG case, Ms. Johnston drafted and filed materials on behalf of INTA seeking intervenor status (November 1 2004).

Reported Decisions

  • Sim & McBurney v Garbo Group Inc, 2013 TMOB 141
  • Karma Candy Inc v Cadbury UK Limited, 2013 TMOB 119
  • Johnston Wassenaar LLP v George V Entertainment, 2012 TMOB 136
  • George V Eatertainment v Buddha Foodha Inc., 2012 TMOB 52
  • Buddha Foodha Inc v George V Eatertainment, 2012 TMOB 50
  • Johnson & Johnson v Integra Lifesciences Corporation, 2011 TMOB 234
  • Harriet Brown & Company Inc. v. Garbo Group Inc., 74 CPR (4th) 391
  • Procter & Gamble Inc. v. Colgate-Palmolive Canada Inc., 2010 FC 231
  • Johnston Wassenaar LLP v. High Liner Foods Incorporated

Mentioned/Quoted In

  • "MARQUES plays its part in revision of Lisbon Agreement", MARQUES (May 2015) - to view article click here
  • "A 'transcendental moment' for 'a very positive spirit', be it whiskey or Tequila", IPKat Blog (May 2015) - to view article click here
  • "One Sign at a Time", Intellectual Property Magazine (May 2014) - to view article click here
  • "The Amazing Enforce-Men", Asia IP (April 2014) - to view article click here
  • "President's Speech, gTLDs, Trolls and Eskimons", Inta Daily News p. 2 (May 8, 2012) - to view article click here
  • "Culture Clash - How best to Protect Indigenous Rights has Become a Top Issue for WIPO, INTA and, Increasingly, Governments around the Globe", Inta Daily News p. 14 (May 7, 2012) - to view article click here

Speaking Engagements

  • Invited Speaker: National University of Singapore Faculty of Law Conference: Geographical Indications at the Crossroads of Trade, Development and Culture in Asia-Pacific (Singapore) March 26-27 2014 - “The Irony of 'First in Time, First in Right' in the GI Debate”
  • Speaker: INTA Conference (Munich, Germany) December 8-9 2014 - “Related Rights Committee Update”
  • Recurring Guest Lecturer (Fall 2012, 2013, 2014): University of Toronto Faculty of Architecture/Rotman School of Business - “IP Rights and Procedures, IP Protection, and Legal Issues and Legislation Related to Architectural Practice” Architecture as an Entrepreneurial Practice;
  • Speaker: INTA Annual Meeting (Hong Kong) May 13 2014 - “Branding Culture – Homage or Misappropriation?” session on the protection of IP of indigenous groups and new and existing national initiatives to preserve traditional cultural expressions and other insignias - to view presentation click here
  • Speaker: WIPO Conference (Geneva, Switzerland) December 5, 2013 – “Dispute Settlement within the Lisbon System” as the Geographical Indications Team vice-chair of assigned topic “What Purpose Could a Dispute Settlement Mechanism Within the Lisbon System Serve?” -- to view presentation click here
  • Co-Moderator: MARQUES Annual Meeting (Monte Carlo) September 2013 – “Brand Owners and GIs: A Journey of Gastronomical Fusion in the Mediterranean”, Geographical Indications Team Workshop
  • Speaker: MARQUES Annual Meeting (Athens, Greece) September 20, 2012 - "Protection of Indigenous People's Rights in Their Cultural Heritage", MARQUES Outer Border Team Workshop
  • Moderator: INTA Annual Meeting (Washington DC) May 7, 2012 - "Protection of Indigenous Rights: An Increased Need", with honoured speaker Phil Fontaine
  • Host: Canadian Embassy Reception in honour of Phil Fontaine, OC OM, Former National Chief of the Assembly of First Nations (May 7, 2012);
  • Co-Moderator: MARQUES Annual Meeting (Baveno, Italy) September 15, 2011 - "Reality Bites - Enjoy a Smörgåsbord of Routes to Protection of GIs", GI Team Workshop
  • Organizer and Moderator: INTA Roundtable (Toronto, Canada) May 27, 2011 - “Dilution Post Veuve Clicquot” with The Honourable Mr Justice W. Ian Binnie CC (as he then was) of the Supreme Court of Canada
  • Speaker: MARQUES Leadership Meeting (Madrid, Spain) February 24, 2011 - "Workshop on the Anti Counterfeiting Trade Agreement", ACTA Team Workshop
  • Moderator and Speaker: INTA Leadership Meeting (Phoenix, Arizona) November 13, 2010 - "Criminal Minds: Anti-Counterfeiting Strategies for Law and Order"
  • Speaker: ECTA Council Meeting (Porto, Portugal) October 29-31, 2009 - “Recent Development on ACTA”, Anti-Counterfeiting Committee Meeting
  • Organizer and Moderator: INTA Roundtable on Geographical Indications in Vancouver, B.C. (September 4, 2008)
  • Organizer and Moderator: INTA Roundtable on Geographical Indications in Ottawa, Ontario (February 8, 2008)
  • Organizer and Moderator: INTA Roundtable on Geographical Indications in Toronto, Ontario (March, 30, 2007)
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Professional Memberships

  • International Trademark Association (INTA)
  • European Community Trade Mark Association (ECTA)
  • MARQUES - The Association of European Trade Mark Owners
  • Fédération Internationale des Conseils en Propriété Industrielle (FICPI)
  • Association Internationale pour la Protection de la Propriété Intellectuelle (AIPPI)
  • Organization for an International Geographical Indications Network (oriGIn)
  • Licensing Executives Society (LES)
  • Pharmaceutical Trade Marks Group (PTMG)
  • American Intellectual Property Law Association (AIPLA)
  • American Bar Association (ABA)
  • Intellectual Property Institute of Canada (IPIC)
  • The Canadian Anti-Counterfeiting Network (CACN)
  • Toronto Lawyers Association (TLA)
  • Women's Law Association of Ontario
  • Advocates' Society

Publications

  • August, 2014

    Co-Author “Lisbon System Working Group Report” for Issue 44 of House MARQUES - to view journal click here
  • July, 2014

    Keri Johnston et al. "Canada (Book Chapter)" in Bart et al. (eds.) Getting the Deal Through - Copyright (Law Business Research Limited, 2014)
  • March, 2014

    Co-Guest Editor: The Journal of Intellectual Property Law and Practice; Volume 9, No. 5; Co-edited with Marion Heathcote - to view journal click here

    Co-Author of the Guest Editorial: “The Quest For ‘Real’ Protection For Indigenous Intangible Property Rights”, The Journal of Intellectual Property Law and Practice; Volume 9, No. 5; co-authored with Marion Heathcote – to view article click here
  • July, 2013

    Keri Johnston et al. "Canada (Book Chapter)" in Bart et al. (eds.) Getting the Deal Through - Copyright (Law Business Research Limited,2013)
  • July, 2012

    Keri Johnston et al. "Canada (Book Chapter)" in Bart et al. (eds.) Getting the Deal Through - Copyright (Law Business Research Limited,2012)
  • April, 2012

    Co-Guest Editor and Co-Author of the Guest Editorial on Special Issue on Geographical Indicators "The Geographical Factor", The Journal of Intellectual Property Law & Practice, Volume 7, No. 4; co-edited with Miguel Angel Medina of Elzaburu
  • July, 2011

    Keri Johnston et al. "Canada (Book Chapter)" in Bart et al. (eds.) Getting the Deal Through - Copyright (Law Business Research Limited,2011)
  • October 25, 2010

    "Finalising the Anti-Counterfeiting Trade Agreement (ACTA): ECTA Comments", ECTA Press Release - to view the press release click here
  • July, 2010

    Keri Johnston et al. "Canada (Book Chapter)" in Bart et al. (eds.) Getting the Deal Through - Copyright (Law Business Research Limited,2010)
  • May, 2010

    "Hauling in the Middlemen: Contributory Trade Mark Infringement in North America", The Journal of Intellectual Property Law & Practice; Volume 5, No. 5; co-authored with James Bikoff of Silverberg Goldman & Bikoff, LLP et al. - to view the article click here
  • 2009

    "Expansion of the Champagne Region", MARQUES Quarterly Newsletter, Issue 01; co-authored with Alpesh Patel - to view the article click here
  • November, 2008

    Canadian Perspective - Global Guide to Geographical Indications, Managing Intellectual Property; co-authored with Alpesh Patel et al.
  • November, 2007

    Published commentary on the Toronto Life article “Justice League”
  • April, 1997

    “Know Your Rights! The Fundamentals of Intellectual Property”, in the Law and Technology section of The Ontario Technologist Vol. 39 No. 2, p.23.
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