Archive for the 'Advertising' 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.
April 17, 2014
Guest post by John Simpson
(Shift Law – reprinted with permission)
Canada’s Trade-marks Act is about to undergo its most significant amendments since it was first enacted in 1953. Even the spelling of “trade-mark” will change (to “trademark”). Trademark practitioners and their clients should take note of the proposed changes (outlined below) as some will be relevant to trademark selection and prosecution strategy and enforcement decisions that should be made before the changes come into effect.
April 16, 2014
Facebook recently announced some new changes to combat News Feed spam (see: News Feed FYI: Cleaning Up News Feed Spam). In making the announcement, Facebook said:
“The goal of News Feed is to deliver the right content to the right people at the right time so they don’t miss the stories that are important and relevant to them. Today we are announcing a series of improvements to News Feed to reduce stories that people frequently tell us are spammy and that they don’t want to see. Many of these stories are published by Pages that deliberately try and game News Feed to get more distribution than they normally would.”
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 8, 2014
The Journal of Antitrust Enforcement (see: here) has published a new April issue, which includes articles on:
“Section 5 of the FTC Act: principles of navigation”; “Erosion or innovation?: The institutional design of competition agencies – A Dutch case study”; “Legal problems of digital evidence”; “Japan’s Antimonopoly Act – recent developments in private monopolization”; “The UK response to the global effort against cartels: is criminalization really the solution?”; “Immunity for cartel conduct: revolution or religion? An Australian case study”; “Loyalty discounts and theories of harm in the Intel investigations”; and “Understanding the limits of judicial review in European competition law”.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
