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

		Advising on issues relating to word-of-mouth marketing and referral fee marketing programs
		Advising on issues relating to web-based peer-to-peer communications, including blogs, social media marketing and social networking websites
		Reviewing express and implied warranties and representations to avoid claims of false or misleading advertising
		Reviewing print, television, radio and on-line advertisements
		Developing in-house programs to meet advertising laws and industry codes
		Pre-clearing advertisements with self-regulatory bodies such as Advertising Standards Canada and the Pharmaceutical Advertising Advisory Board
		Clearing and protecting trade-marks, copyright and domain names, and advising on licensing, registration, and proper use
		Securing publicity and personality rights for use in advertisements
		Ensuring proper use of endorsements and testimonials in advertisements
		Advising on unfair competition, passing off and trade-mark/copyright infringement issues
		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
		Providing opinions on comparative advertising campaigns and assisting clients in challenging or defending claims when disputes arise
		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

		Advising on direct mail, telemarketing, internet and multi-level marketing plans
		Reviewing cross-promotions, coupons and trading stamps
		Advising on promotional contests and sweepstakes, including those conducted on-line
		Ensuring that ordinary price claims and performance claims are defensible
		Drafting and reviewing joint marketing, sponsorship, distribution, co-packaging and franchise agreements

Product Liability

		Advising on all aspects of product recalls, including the development and implementation of recall strategies
		Defending class action law suits concerning defective products, false advertising, price fixing and the like

Privacy

		Conducting privacy audits
		Advising on how to comply with federal and provincial privacy laws, regulations and industry codes
		Setting up privacy programs and developing privacy policies

   

McMillan is a proud member of the Canadian Marketing Association and the Advertising Standards Canada.

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	Publications / Presentations
	April 2010 Upcoming Presentations - Best Practices for Advertising & Marketing Financial Products The Canadian Institute's Forum on Advertising & Marketing Law & Compliance for Financial Institutions Bill Hearn
	January 2010 When is the Price Right? Recent Developments in Price Advertising Law The Canadian Institute's 16th Annual Advertising & Marketing Conference, Toronto Bill Hearn
	January 2010 Is Your Business Ready for the Latest Changes to Canada's Competition Act? Association of Corporate Counsel (ACC) Seminar, Montreal Bill Hearn, D. Martin Low QC, Éric Vallières
	September 2009 Waving the Flag in Product Promotions: Competition Bureau Revamps Meaning of “Made in Canada” and “Product of Canada” Claims Advertising and Marketing Bulletin Bill Hearn
	August 2009 Canadian Contest Law and Practice The Canadian Marketing Association's 1st Summer School Bill Hearn
	July 17, 2009 Real Costs of Proposed New Credit Card Regulations International Law Office Banking - Canada Bill Hearn
	June 2009 The Real Costs of the Proposed New Canadian Credit Card Regulations Advertising and Marketing Bulletin Bill Hearn
	May 2009 Truth in Consumer Rebate Programs Advertising & Marketing Bulletin Bill Hearn
	April 2009 Advertising and Marketing Payment Cards Without Breaking Canadian Law Bill Hearn
	April 2009 Competition Act Amendments 2009: Misleading Advertising Presentation - Canadian Marketing Association Webinar Bill Hearn
	April 2009 The Increasingly Complex Regulation of the Simple Gift Card Advertising and Marketing Bulletin Bill Hearn
	February 2009 Advertising and Marketing Payment Cards Without Breaking the Law The Canadian Institute's 4th Annual Conference on Payment Card Compliance in Canada Bill Hearn
	February 2009 Bigger Penalties and Tighter Rules - How changes to Competition Act will affect Canadian advertisers and marketers Advertising & Marketing Bulletin Bill Hearn, Jonathan Hood
	January 2009 Law 2.0: The New Legal Implications of Web-based Advertising and Marketing The Canadian Institute's 15th Annual Advertising and Marketing Law Conference Bill Hearn
	September 2008 Put Down that Phone! Canada’s National Do Not Call List Comes into Effect Advertising and Marketing Bulletin Les Chaiet
	July 2008 The International Comparative Legal Guide to Pharmaceutical Advertising 2008 Published by Global Legal Group Les Chaiet, Bill Hearn
	June 2008 An Inconvenient Rule: Change Your Compliance Climate Advertising and Marketing Bulletin Les Chaiet, Jonathan Hood
	April 2008 Too Good to be True? Health Claims in Advertising Advertising and Marketing Bulletin Les Chaiet, Jonathan Hood, Andrew Warman
	February 2008 IP and Advertising: Protecting your Organization from Litigation The Canadian Institute's 14th Annual Advertising & Marketing Law Conference Sharon E. Groom
	January 2008 Mine's Better than Yours: Managing Legal Considerations in Comparative Advertising Campaigns The Canadian Institute's 14th Annual Advertising & Marketing Law Conference Bill Hearn
	December 2007 Refer with Care – Legal Considerations for Referral Marketing Programs Advertising and Marketing Bulletin, Co-authored with Jeffrey Levine Les Chaiet
	November 2007 Hemp or Hype – The Rules on Textile Labelling in Canada Advertising and Marketing Bulletin Sharon E. Groom
	October 2007 Data/Privacy Breaches on the Rise – Is Your Business Prepared? Advertising and Marketing Bulletin Bill Hearn, Andrew Warman
	September 2007 Chapter on Misleading Advertising and Marketing Practices in Fundamentals of Canadian Competition Law, 2007 Published by Thomson Carswell for The Canadian Bar Association Bill Hearn
	August 2007 Canada Chapter in The International Comparative Legal Guide to Pharmaceutical Advertising 2007 Published by Global Legal Group Bill Hearn, Lydia Wakulowsky
	August 2007 Don’t Call Me: Canada Moves Further Toward National Do-Not-Call List with CRTC’s July, 2007 Decision on Unsolicited Telecommunication Rules Advertising and Marketing Bulletin co-authored with Brian Studniberg Les Chaiet
	August 2007 Ambush Marketing and “The Olympic and Paralympic Marks Act”: What this means for businesses and Olympic marketing Advertising and Marketing Bulletin co-authored with Sean Clarke Sharon E. Groom
	July 2007 Tobacco Advertising: Supreme Court Ashes Manufacturers’ Appeal Advertising and Marketing Bulletin Ben Delanghe, Bill Hearn
	March 2007 The Legality of Use of Video Surveillance by Quebec Employers Canadian Privacy Law Review, LexisNexis Éloïse Gratton
	February 2007 Prudently Pushing Plastic: The Legal Regime for Advertising and Marketing Payment Cards in Canada Bill Hearn and Ted Wilby Bill Hearn

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