Archive for the 'Competition and IP' Category
December 22, 2021
On March 4, 2020, the Ontario Trust in Real Estate Services Act, 2020 (TRESA) received Royal Assent, amending the Real Estate and Business Brokers Act, 2002 (REBBA). REBBA governs real estate brokerages, brokers and salespersons (real estate services registrants) in Ontario. Certain provisions under TRESA have yet to come into force and are tied to proposed new regulations under the legislation.
December 20, 2021
Are you planning to run a promotional contest/sweepstakes in Canada? Our firm has released all new and revised contest precedent packages and individual precedents for operating contests in Canada, excluding Quebec. Our contest precedents/forms can be modified with ease for future use and have been used by many of our local, national and international clients across different industries.
December 7, 2021
Destination contests/sweepstakes (i.e., trip contests) are popular seasonal marketing tools used by many clients and businesses to increase sales during the holidays and winter season. They often include ski, spa, beach and other snow-bird travel packages to popular Canadian and international destinations.
CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS
Do you need a precedent or checklist
to comply with CASL (Canadian anti-spam law)?
We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL. These include checklists and precedents for express consent requests (including on behalf of third parties), sender identification information, unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists. We also offer a CASL corporate compliance program. For more information or to order, see: Anti-Spam (CASL) Precedents/Forms. If you would like to discuss CASL legal advice or for other advertising or marketing in Canada, including contests/sweepstakes, contact us: contact.
************
March 29, 2021
On March 29, 2021, the Canadian Radio-television and Telecommunications Commission (CRTC) announced that it had imposed the largest Canadian anti-spam law (CASL) penalty to date to an individual for sending commercial electronic messages (CEMs) without consent (see: CRTC issues largest ever penalty to an individual for sending messages without consent. See also: Notice of Violation: Scott William Brewer).
CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS
Do you need a precedent or checklist
to comply with CASL (Canadian anti-spam law)?
We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL. These include checklists and precedents for express consent requests (including on behalf of third parties), sender identification information, unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists. We also offer a CASL corporate compliance program. For more information or to order, see: Anti-Spam (CASL) Precedents/Forms. If you would like to discuss CASL legal advice or for other advertising or marketing in Canada, including contests/sweepstakes, contact us: contact.
********************
August 21, 2020
During the COVID-19 epidemic, one marketing development that I have noticed is an increased effort to promote destination marketing, including through promotional contests. In this regard, I have acted for several countries assisting them with their destination marketing related promotions. My new Canadian Lawyer column discusses some of the key aspects of running destination marketing contests in general, as well as some more specific e-mail related marketing challenges in Canada (i.e., CASL issues) that should be taken into account for such promotions. Below is an excerpt with a link to my full Canadian Lawyer column.
January 24, 2020
In an interesting speech on January 22, 2020 by the Deputy Commissioner of Competition, Deceptive Marketing Practices Directorate, the Competition Bureau (Bureau) outlined its current digital marketing enforcement priorities (see: Honest Advertising in the Digital Age).
January 1, 2020
Competition law (or “antitrust law” as it is referred to in the United States) generally includes a range of local and federal legislation, case law and enforcement agency policies that restrict in part free markets aimed at preventing or regulating activities that prevent or substantially impact competition. In general, Canadian and international competition/antitrust laws are focused on protecting competition and not individual competitors.
Are you running a promotional contest or sweepstakes in Canada? We offer a range of Canadian contest/sweepstakes law precedents and forms (i.e., Canadian contest/sweepstakes law precedents/forms for running common types of contests in Canada). These include legal precedents for random draw contests (i.e., where winners are chosen at random by draw) and skill contests (e.g., essay, photo or other types of contests or promotions where entrants must submit content that is judged to enter or to obtain additional entries).
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
