The Canadian Institute > Advertising and Marketing Law

The Canadian Institute's 16th Annual

Advertising and Marketing Law

Canada's Premier Event for Key Updates and Cutting Edge Legal Analysis

Thursday, January 21 to Friday, January 22, 2010

Thursday, January 21, 2010

7:30 Registration Opens and Coffee Served

8:45 Opening Remarks from the Co-Chairs

Wendy Hulton
Partner
Miller Thomson LLP

Lonnie Brodkin-Schneider
Partner
Miller Thomson LLP

9:00 Catching up with Regulators about the latest Competition Act Amendments

Subrata Bhattacharjee
Partner
Heenan Blaikie LLP

Josephine A.L. Palumbo
Senior Litigation Counsel and Practice Coordinator
Department of Justice, Competition Bureau – Legal Services

Reviewing the latest amendments to the Competition Act
Understanding the implications of these amendments, including:

Increased Administrative Monetary Penalties and imprisonment for engaging in deceptive marketing
Restitution
Competitor collaboration

Reviewing the latest amendments to pricing provisions in the Competition Act

Clarification of the rules and guidelines regarding competitive pricing
Were there any actionable cases in 2009 and what can you learn from them?
When have your promotions gone too far?

Analyzing relevant cases and decisions passed down in 2009
Exploring the Competition Bureau’s enforcement objectives for 2010

10:00 Networking Refreshment Break

10:15 When is the Price Right? Pricing, Promotions and Give-Aways

Bill Hearn
Partner and Co-Chair of Advertising & Marketing Group
McMillan LLP

Pricing in the brave new world where price discrimination, promotional allowances and predatory pricing offences have been repealed and price maintenance has been decriminalized
Pricing without triggering abuse of dominance concerns
Keeping your ordinary price and savings claims legal
Telling the truth in consumer rebate promotions
Making sure your “free” and “bonus” claims aren’t bogus

11:15 Playing by the Rules: Mitigating Legal Risks when Running Contests

Lonnie Brodkin-Schneider
Partner
Miller Thomson LLP

Ryan W. Mills
Corporate Counsel
The TDL Group Corp.

Monica Papendick
Legal Counsel
Coca-Cola Ltd.

Brenda L. Pritchard
National Group Leader
Advertising, Marketing & Regulatory Affairs
Partner, Gowling Lafleur Henderson LLP

Contest Implementation

A detailed examination of the dos and don’ts in structuring contests and promotions
Identifying fundamental flaws and issues which can impact contests and result in complaints or regulatory intervention
Ensuring you obtain consent to enter contests:

What type of consent is generally required?
Special issues when running automatic entry contests

Best practices in drafting opt-in and opt-out clauses

Checking the Fine Print

Practical advice to help you:

Draft contest rules
Draft disclaimers

Including appropriate skill testing questions if and when required?

Contests involving User-Generated Content

Imposing proprietary rights over user-generated content
Controlling the distribution of negative submissions
Effectively managing the judging process
Limiting the damage created by defamatory user-generated content

12:30 Networking Luncheon for Delegates and Speakers

Friday, January 22, 2010

8:00 Registration Opens and Coffee Served

8:45 Opening Remarks from the Co-Chairs

Wendy Hulton
Partner
Miller Thomson LLP

Jennifer Bishop
Partner
Miller Thomson LLP

9:00 Minimizing Legal Risks while Harnessing the Power of Social Media in your Organization’s Marketing Campaigns

Brian Fraser
Partner
Gowling Lafleur Henderson

Brian L. Heidelberger
Partner
Winston & Strawn LLP

Ruth M. Rapoport
Assistant General Counsel
Unilever Canada Inc.

Identifying the legal challenges to marketing via social networking sites
Generating solutions to overcome legal barriers to marketing via social networking sites
Obeying legal requirements when using information or testimonials gathered from consumer’s social networking sites in your advertising:

Obtaining adequate consent
Imposing proprietary rights over IP

Imposing proprietary rights over user-generated content
Limiting the damage created by defamatory user-generated content
Meeting your legal obligations when marketing to minors on social networking sites
What are the legal rules applied to sending mass emails and messages via social media platforms:

Implications on privacy compliance

10:30 Networking Refreshment Break

10:45 Ensuring your Legal Protections are in-Step with Highly Innovative Viral Advertising and Marketing Campaigns

Catherine Bate
Lawyer
Heenan Blaikie LLP

Kelly L. Moffatt
Partner
Osler, Hoskin & Harcourt LLP

Creative legal solutions to empower your marketing team to design viral campaigns
Practical tips to help to safeguard corporate interests and reduce exposure to liability
Brand risk management:

What is within your control?
What risks are inherent to viral programs?

What are the regulators saying about:

Word-of-mouth
Stealth marketing, and
Viral loops

11:45 Catching up with Advertising Standards Canada: Perspectives on 2009

Janet Feasby
Vice President Standards
Advertising Standards Canada

David Mallen
Associate Director
National Advertising Division

Update from ASC
Learning from 2009 Advertising Standards Canada Consumer Compliant Adjudications
Update on the Canadian Children’s Food and Beverage Advertising Initiative
Overview of new Interpretation Guideline for Motor Vehicle Advertising

12:15 Networking Luncheon for Delegates and Speakers

1:30 IP Update: Ensuring Ample Proprietary Rights are imposed on your Organization’s Valuable Creative Works

Ingrid E. VanderElst
Partner
Torys LLP

What are the potential implications of Bill C-61, the latest round of proposed amendments to the Copyright Act, to advertising and marketing in Canada?
How can your benefit from “fair use”, provisions in the Copyright Act?
Reviewing the latest changes to the registration of trademarks
How can you impose your legal rights against cyber squatters

Using Third Party IP:

How can you mitigate legal risks when using online image banks
Minimizing legal risks when permitting other companies to use your IP:

License agreements
Comparative advertising
Instituting proactive safeguards

2:30 Networking Refreshment Break

2:45 Mobile Marketing: Learning the Rules of Marketing via Mobile Technology

Solange L. Brard
Senior Counsel, Advertising & Marketing Law Group Bell Canada

Fabien Fourmanoit
Counsel, Advertising & Marketing Law Group
Bell Canada

Kelly A. Zalec
Legal Counsel
Rogers Communications Inc.

Reviewing the relevant legislative requirements
Compliance and specific technology-related challenges

Obtaining and maintaining consent

Ensuring you don’t inadvertently contravene relevant do-not-solicit and do-not-call lists
Do you need to worry about whether the rules differ in Quebec?
Update on the Quebec Consumer Protection Act and Bill 60 amendments

4:00 Co-Chair’s Closing Remarks
Conference Concludes

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