Archive for the 'Competition and IP' Category
CANADIAN CONTEST RULES/PRECEDENTS
Do you need contest rules/precedents
for a Canadian contest?
We offer many types of Canadian contest/sweepstakes law precedents and forms (i.e., Canadian contest/sweepstakes law precedents to run common types of contests in Canada). These include precedents for random draw contests (i.e., where winners are chosen by random draw), skill contests (e.g., essay, photo or other types of contests where entrants submit content that is judged to enter the contest or for additional entries), trip contests and more. Also available are individual Canadian contest/sweepstakes precedents, including short rules (“mini-rules”), long rules, winner releases and a Canadian contest law checklist. For more information or to order, see: Canadian Contest Law Forms/Precedents. If you would like to discuss legal advice in relation to your contest or other promotion, contact us: Contact.
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Promotional contests in Canada are largely governed by the Competition Act, the Criminal Code, privacy legislation and the common law of contract. In addition, Quebec has a separate regulatory regime governing contests and contest authority (the Régie des alcools, des courses et des jeux). Canadian federal anti-spam law (CASL) also commonly applies to contests run in Canada (see below).
Howard Ullman
(mydistributionlaw.com)
In Smith v. eBay Corp., No. C 10-03825 JSW (N.D. Cal. May 29, 2012) (White, J.), the court refused to dismiss tying claims against eBay and PayPal where the plaintiffs alleged that eBay had tied national on-line auction services to the national on-line payment services provided by PayPal.
Distinguishing the Ninth Circuit’s recent cable TV channel tying case, Brantley v. Universal, Inc. 675 F.3d 1193 (9th Cir. 2012), which I covered here, the court noted that plaintiffs had alleged that defendants’ tying of auction services to on-line payment services had denied alternative payment systems such as Google Checkout access to the largest online marketplace (eBay). Plaintiffs thus alleged, in essence, that they had been precluded from offering Google Checkout as an alternative to PayPal. ”It is reasonable to assume from these allegations that the alleged tying arrangement caused consumers of on-line auction services to forego substitutes for PayPal.”
Advertising Standards Canada (ASC) will be hosting an upcoming seminar on the rather hot topic (if only to advertising law geeks) of disclaimers in Toronto on June 12, 2012.
From the ASC:
“Disclaimers are not an afterthought. In today’s climate they must be top of mind for advertiser and agency professionals – not just their legal counsel.
The Competition Bureau’s recent enforcement actions regarding misleading advertising and the Supreme Court of Canada’s recent guidance on the ‘general impression’ test in its judgment against an advertiser of a contest promotion have made this patently clear. Learn what these recent legal developments mean for the appropriate use, content and placement of disclaimers in advertising. The Supreme Court Case also has implications for how advertisers define the average consumer – this will be a critical factor going forward.
Join ASC and our distinguished panel to learn how you can help ensure your advertising meets regulatory requirements as well as the provisions of Canadian Code of Advertising Standards.”
CANADIAN CONTEST RULES/PRECEDENTS
Do you need contest rules and forms for a Canadian contest/sweepstakes? I offer a selection of Canadian contest rules and forms for random draw, skill and other common types of Canadian contests (i.e., contest precedents and forms). For more information see Canadian Contest Forms/Precedents.
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The Canadian Institute is hosting an upcoming contest conference entitled “Managing Legal Risks in Running Online Contests” on June 21-22 2012 in Toronto. Their conference will include discussions on topics that include minimizing the risks of operating online contests, online voting contests, operating Facebook and Twitter contests, mobile contests and mitigating risk when online contests go wrong.
The following are a few advertising and regulatory law developments that caught my eye today:
The CRTC has published final regulations to regulate loud television commercials: CRTC moves a step closer to making loud TV ads a thing of the past. Slaw.ca posted an interesting note by David Canton on the use of social media and Facebook for operating online contests: Commercial Users of Social Media Need to Check Terms of Use. The U.S. FTC published tips to protect information and computers from online scammers: Secure Your Computer. The Minister of Public Safety addressed trade, security and competition in remarks at the Can/Am Border Trade Alliance Conference: Speaking Notes for the Honourable Vic Toews Minister of Public Safety at the Can/Am Border Trade Alliance Conference. The Globe published an interesting article on fraudulent advertising and phishing in relation to bank log-in websites: Phishing, other malicious websites soar in Canada.
CANADIAN CONTEST RULES/PRECEDENTS
Do you need contest rules/precedents
for a Canadian contest?
We offer many types of Canadian contest/sweepstakes law precedents and forms (i.e., Canadian contest/sweepstakes law precedents to run common types of contests in Canada). These include precedents for random draw contests (i.e., where winners are chosen by random draw), skill contests (e.g., essay, photo or other types of contests where entrants submit content that is judged to enter the contest or for additional entries), trip contests and more. Also available are individual Canadian contest/sweepstakes precedents, including short rules (“mini-rules”), long rules, winner releases and a Canadian contest law checklist. For more information or to order, see: Canadian Contest Law Forms/Precedents. If you would like to discuss legal advice in relation to your contest or other promotion, contact us: Contact.
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On April 26, 2012, the U.S. Federal Trade Commission (FTC) announced that it negotiated a settlement of about $15.5 million with operators of an allegedly deceptive prize promotion scheme.
Rob Currie, a professor at the Schulich School of Law, Dalhousie, has written a rather good and interesting note on Bill C-30 (the “Lawful Access” Bill or “Protecting Children From Internet Predators Act”) and the Council of Europe’s Cybercrime Convention, which Canada is a signatory to.
He discusses Canada’s participation in the Cybercrime Convention, the fact that Canada has not yet ratified based on an absence of investigative tools that are a prerequisite to ratification and the wider objectives of the Convention.
On March 21, 2012, the Competition Bureau announced that it had launched a new publication entitled: The Little Black Book of Scams.
In making the announcement, as part of its March Fraud Prevention Month efforts, the Bureau said:
“As part of Fraud Prevention Month, the Competition Bureau is launching The Little Black Book of Scams, a compact and easy to use reference guide filled with information Canadians can use to protect themselves against a variety of common scams.
While Fraud Prevention Month is nearing its end, consumers and businesses can consult The Little Black Book of Scams year-round to avoid falling victim to Internet scams, fake lotteries, romance scams, and many other schemes used to defraud Canadians of their money or personal information.
The booklet offers information on how these scams work, how to recognize them, as well as practical tips on how consumers can protect themselves. It also debunks common myths about scams, provides contact information for reporting a scam to the correct authority, and offers a step-by-step guide for scam victims to reduce their losses and avoid becoming repeat victims.”
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
