advertising and marketing
The landscape of laws, regulations and codes governing advertising and marketing is complex and multi-jurisdictional. We have the knowledge and experience to help businesses comply with these legal requirements, without weakening the marketing effectiveness and the creative brilliance of their ideas. Our Advertising and Marketing group includes several members of the firm’s Competition Group, which has been recognized internationally as one of Canada’s top competition law practices for over 30 years.
Our lawyers have diverse backgrounds in areas such as music, business, film and publishing. The Group includes a former senior counsel to the Competition Bureau. Our unique ability to understand advertising and marketing issues from many angles and offer practical, timely and well-informed solutions sets us apart.
Our advertising and marketing clients operate in a wide range of business sectors, including automotive, food and beverage, consumer credit and other financial services, cosmetics, consumer goods, drugs, education, gaming, media and entertainment, electronics, publishing, medical devices, retail, textiles, and telecommunications. Our services include:
Advertising
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 | | Advising on issues relating to word-of-mouth marketing and referral fee marketing programs
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| | Advising on issues relating to web-based peer-to-peer communications, including blogs, social media marketing and social networking websites
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| | Reviewing express and implied warranties and representations to avoid claims of false or misleading advertising
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| | Reviewing print, television, radio and on-line advertisements
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| | Developing in-house programs to meet advertising laws and industry codes
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| | Pre-clearing advertisements with self-regulatory bodies such as Advertising Standards Canada and the Pharmaceutical Advertising Advisory Board
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| | Clearing and protecting trade-marks, copyright and domain names, and advising on licensing, registration, and proper use
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| | Securing publicity and personality rights for use in advertisements
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| | Ensuring proper use of endorsements and testimonials in advertisements
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| | Advising on unfair competition, passing off and trade-mark/copyright infringement issues
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| | Advising on packaging and labeling issues generally and under specialized rules applicable to textiles, precious metals, cosmetics, non-prescription and prescription drugs, alcoholic beverages, food products, pest control products and other items
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| | Providing opinions on comparative advertising campaigns and assisting clients in challenging or defending claims when disputes arise
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| | Assisting clients to develop advertising that recognizes the special characteristics of children and teens, as required by certain laws and industry codes of practice | | | |
Marketing
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| | Advising on direct mail, telemarketing, internet and multi-level marketing plans
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| | Reviewing cross-promotions, coupons and trading stamps
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| | Advising on promotional contests and sweepstakes, including those conducted on-line
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| | Ensuring that ordinary price claims and performance claims are defensible
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| | Drafting and reviewing joint marketing, sponsorship, distribution, co-packaging and franchise agreements
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Product Liability
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| | Advising on all aspects of product recalls, including the development and implementation of recall strategies
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| | Defending class action law suits concerning defective products, false advertising, price fixing and the like | | | |
Privacy
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| | Conducting privacy audits
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| | Advising on how to comply with federal and provincial privacy laws, regulations and industry codes
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| | Setting up privacy programs and developing privacy policies
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McMillan is a proud member of the Canadian Marketing Association
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