Find Lawyers in Vancouver, British Columbia for Advertising and Marketing Law
Practice Area Overview
The field of advertising law in Canada has a wide scope – it encompasses the substantive laws, both federal and provincial, that govern the content of advertising, as well as the myriad and increasingly complex commercial and transactional arrangements involved in the creation and delivery of advertising messages.
Lawyers practising in this area routinely advise their clients regarding proposed advertising claims and claims support, packaging and labelling, promotions and contests, ad agency and media contracts, advertising pre-clearance, comparative advertising, advertising disputes, mobile advertising and social media, and privacy issues, including those relating to outbound e-marketing and online behavioural advertising.
They must be familiar with not only the key legislation of general application to advertising content, such as the federal Competition Act and provincial consumer protection legislation, but also with legislation affecting certain regulated categories of products or services, such as foods, drugs, cosmetics, natural health products, tobacco products, automobiles, and financial services, among others.
Advice provided by advertising lawyers may be informed by other disciplines, such as corporate and commercial law, intellectual property law, administrative law and litigation, as lawyers practising in this area may be called upon to advise on contracts, the use of intellectual property (belonging to the advertiser or third parties) and regulatory investigations or proceedings or private actions for misleading advertising.
In the age of social media in particular, they also must be attuned to both the legal risks, and the reputational risks, associated with certain types of promotional campaigns.
A creative mindset and approach is important in this practice area, as advertising lawyers need to help their clients create and deliver advertising that respects the law while remaining compelling to consumers.
Karen MacDonald's practice covers litigation in all areas of intellectual property, including patents, trademarks, copyright, industrial designs and confidential information. She has appeared before the Federal Court, the Federal Court of Appeal, the British Columbia Supreme Court and the British Columbia Court of Appeal, and has extensive experience in advising clients on IP litigation strategies, conducting discoveries and cross-examinations, as well as preparing and presenting arguments to...
Madeleine Hodgson is an associate in our intellectual property group, assisting clients with creating, managing, and enforcing intellectual property assets in Canada and around the world. Ms. Hodgson advises clients on patent, trademark, copyright, industrial design, advertising, licensing, litigation, research and development, collaboration, and transactional matters. She assists clients in British Columbia Superior Court and Federal Court on trademark, copyright, patent and confidential inf...
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.