Archive for the 'Advertising' Category
February 15, 2021
Are you planning to run a trip (i.e., destination) contest open to Canadians and need winner release forms for the winner, companion and any minors? Our firm offers many types of precedents/forms to operate Canadian contests/sweepstakes, including Winner Releases For Trip Contests (Winner & Guest Release Forms).
January 25, 2021
Practical Law Canada Competition (of which I am Lawyer Editor) has published a new Legal Update, which discusses new Competition Bureau guidance in relation to performance claims under the Competition Act, R.S.C. 1985, c. C-34 (Competition Act). The update includes a general overview of the application of the Competition Act to performance claims, key points from the Bureau’s new guidance and implications for advertisers and influencers using performance claims in marketing. Below is an excerpt with a link to the full Legal Update.
November 21, 2020
Practical Law Canada Competition (of which I am Lawyer Editor) has published a new Legal Update, which discusses recent enforcement by the Competition Bureau against an ice hockey helmet manufacturer in relation to allegedly unsupported performance claims. The Legal Update includes an overview of the case, requirements imposed by the Competition Act on product or service performance claims and implications for advertisers.
November 1, 2020
Are you planning to run a contest/sweepstakes in Canada to promote your business (or a client’s business) and need sophisticated Canadian legal precedents? I have developed a number of legal precedents and forms for running common types of promotional contests in Canada, excluding Quebec (commonly referred to “sweepstakes” in the United States).
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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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.
July 16, 2020
Practical Law Canada has published a New Legal Update, which discusses the Competition Bureau’s recent open letter to Ontario’s Minister of Government and Consumer Services advocating for increased disclosure in Ontario rental appliance contracts. This Update includes an overview of the Bureau’s letter, summary of the regulation of rental appliance contracts in Ontario and the Bureau’s key recommendations. This Update also includes key deceptive marketing risks for rental appliance suppliers under the Competition Act. Below is an excerpt with a link to the full Legal Update at Practical Law.
May 15, 2020
Over the past several weeks, a marketing law trend that is emerging in my practice has been increased demand to work on destination marketing contests (i.e., contests promoting trips, vacations and adventures to particular destinations). This may seem slightly counterintuitive, but I have been contacted by several brands and local and international governments in relation to destination contests, presumably anticipating an easing of local and international COVID-19 travel and other restrictions.
April 14, 2020
My new Canadian Lawyer column discusses recent price gouging and deceptive marketing law enforcement in Canada. Some of the issues raised include speed of enforcement, political statements in light of actual enforcement and transparency in relation to warnings and penalties. My new column compares enforcement efforts in Canada – both at the provincial and federal levels – with the United States. Below is an excerpt with a link to my full column.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
