Archive for the 'Marketing' Category
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.
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April 30, 2014
Over the past few days and weeks I’ve spoken to, and advised, a number of companies and individuals about the upcoming coming into force of Canada’s federal anti-spam legislation (CASL).
April 29, 2014
A small but interesting advertising law development caught my eye earlier today – the Australian ACCC (Australia’s competition and consumer protection agency) took enforcement steps against a large Australian beer manufacturer (Carlton & United Breweries) for allegedly suggesting that it was small (a micro brewer). See: ACCC Acts on Beer Labelling.
April 24, 2014
Readers of my blog will know that I like competition, a lot. I have also, as have many others, been following (and commenting a little) on the ongoing beer retailing regulation debate going on in Ontario, where I spend a lot of my time. While there has now been a lot written on this issue, and a significant amount of commentary, I thought that this new Sun News video sums up the key issues very well indeed (including key results of competition: price, choice and innovation) and dispels some of the myths being put forward for maintaining the current status quo and concentration in beer retailing in Ontario.
April 18, 2014
Guest post by Andrei Mincov
(Trademark Factory – reprinted with permission)
As many of you know, the Federal Government recently introduced Bill C-31, the Economic Action Plan 2014, No. 1. Among the changes to almost 40 different pieces of legislation, it introduces many significant and long-awaited changes to the Trade-marks Act.
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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TopDog Social Media has posted a new podcast on social media contests entitled Is Your Social Media Contest Breaking the Law (and thank you TopDog for chatting with me about social media contest laws and rules). Some of the topics discussed in TopDog’s new podcast include:
The 5 most common illegal contest mistakes by businesses running contests online and over social media; Apple’s restrictions on giving away iPads & iPhones; one mistake that cost a business $170,000 in fines; two major components to ensuring your social media contest is legal; some of the basic rules you legally need to include in any contest; some of the legalities surrounding the use of third party materials; a few ways to tell if your advertising may be false or misleading; what you can and can’t legally use information for that you collect in a contest; social networks with the most and least strict policies for contests; some of YouTube’s quirky rule about using entrant information; some of what Facebook expects you to say when you run a contest; how Quebec’s strict rules could provide an opportunity for businesses; and thinking about whether your social media contest is in fact an “illegal lottery”.
April 4, 2014
The Continuing Legal Education Society of British Columbia (CLE BC) has published its Annual Review of Law & Practice – 2014. This summary of major areas of Canadian law applicable in British Columbia includes my co-authored chapter on Canadian competition law developments and trends in 2013.
February 28, 2014
On my daily media sweep I read what I thought was a very good critique by Don Cayo (Vancouver Sun) of Canada’s current dairy industry, and in particular raising questions (yet again) as to whether supply management makes sense in Canada (see: Canada’s dairy monopoly costs families $276 a year).
February 25, 2014
In an interesting and important decision issued by the Ontario Superior Court of Justice on February 21st, the Court has now imposed a $500,000 civil administrative monetary penalty (“AMP”) against Rogers for failing to have performed adequate and proper testing in some Canadian markets for performance claims made in relation to its Chatr Wireless brand (see: Canada (Commissioner of Competition) v. Chatr Wireless Inc., 2014 ONSC 1146).