Canada: Advertising, Marketing & Branding

Is it trademark infringement to put a competitor’s name in a hashtag? What about bidding on search terms or saying a brand name in a video? These digital advertising tactics can improve discoverability and help businesses reach a competitor's audience, but they also come with legal risks

A Federal Court ruling clarifies that displaying itemized fees on the same screen does not constitute drip pricing under Canada's Competition Act, provided all mandatory charges are visible simultaneously in legible type. The decision establishes that while concealment and sequential disclosure trigger the prohibition, transparent partitioned pricing remains lawful, leaving businesses to navigate the line between compliant fee disclosure and misleading price representations.

The National Consumer Commission’s new CPA Opt-Out Registry adds a second compliance layer - POPIA alone no longer protects direct marketers.

As major sporting events capture global attention, businesses are eager to capitalize on the excitement through promotional contests. However, running a successful contest requires navigating a complex web of Canadian legal requirements, from competition law and privacy regulations to the risks of ambush marketing. Understanding the key dos and don'ts can help businesses leverage high-profile events while staying compliant with federal and provincial regulations.

The Registered Insurance Brokers of Ontario has issued new guidance establishing that brokers' online activities are subject to the same professional standards as their offline conduct.

You planned the perfect contest. Great prize, strong engagement, your audience is excited. You hit “post,” and then months later, you get a letter from the Competition Bureau.

Ad Standards Advisory has issued new guidance to help Canadian advertisers navigate environmental claims and avoid greenwashing.

Recently, Ad Standards Canada published the updated Code for the Restriction of Food and Beverage Product Advertising to Children (the “Updated Code”), replacing the earlier Code for the Responsible Advertising of Food and Beverage Products to Children.

Hi everyone, I am Zoe Pearman, a Principal Associate in the Intellectual Property and Advertising Law Team here at Gowling WLG.