September 10, 2014
An interesting new Cardus report released yesterday (authored by Stephen W. Bauld and Brian Dijkema), entitled Hiding in Plain Sight: Evaluating Closed Tendering in Construction Markets, argues against closed tendering in public construction procurement. The report also includes discussions of recent Charbonneau Commission developments, construction unions and purported arguments for closed tendering in public procurement (such as for “safety” or “qualification” reasons). One of the central conclusions of the report is that local rules that limit competitive tendering are diametrically opposed to the key principles of public procurement: openness, fairness and transparency. Well worth a read (abstract below with a link to the complete report).
September 8, 2014
In an interesting case that caught my eye earlier today, the U.S. FTC announced a proposed settlement with Texas-based Applied Food Sciences Inc. (AFS) in relation to allegedly “baseless” green coffee extract weight loss claims.
August 29, 2014
Earlier today, Canada’s Competition Bureau announced that it has launched a new Quarterly Report as part of its ongoing “Transparency Initiative” (i.e., to increase its communication to Canadians regarding the work the Bureau does). According to the Bureau, its new Quarterly Report “presents statistics relating to a variety of intake measures, merger and non-merger enforcement matters, as well as advocacy, outreach and partnership initiatives”. I discuss a few key points below that caught my eye.
August 29, 2014
WHAT ARE TRADEMARKS?
A mark (words, names, symbols, devices, sounds, smells, trade dress) used to distinguish the goods and services of one business from similar goods and services of all other businesses.
August 28, 2014
WHAT IS PROTECTED BY COPYRIGHT?
Original literary, dramatic, musical, and artistic works. That is, an original expression (of an idea) fixed in some (usually, tangible) form: fixed or unfixed performances of a work by a performer; sound recordings, including sound recordings of a performance; broadcasts (communication signals).
August 24, 2014
The U.S. Federal Trade Commission has proposed settlements in two cases involving professional associations and codes of ethics that the FTC alleged violated U.S. antitrust laws (the FTC Act) (see: here). In these two cases, involving the National Association of Residential Property Managers (NARPM) and National Association of Teachers of Singing (NATS), the associations agreed to remove provisions in their codes of ethics that, according to the FTC, limited competition among members and raised antitrust law concerns.
August 23, 2014
I paid a visit to my lawyer earlier today. Nothing serious – I needed some assistance with an estate I’m involved with. Yes, even lawyers sometimes need lawyers. In any event, I’m a competition lawyer as I’m sure you know. I practice in this area because I find it very interesting, even after 12 years in practice, and because I think it’s important – i.e., that markets operate competitively, companies compete fairly and that consumers, companies and economies benefit from competitive and efficient markets.
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 22, 2014
As most, though not all, Canadians now know (and some Americans and international marketers) Canada introduced federal anti-spam legislation on July 1, 2014. As has now been widely written and commented upon since it was first introduced in 2010, CASL is a difficult, complex, unclear and profoundly business unfriendly federal law. As has also been widely stated, CASL is among the most restrictive, if not the most restrictive, anti-spam law in the world.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
