Staying on top of Canada’s rapidly evolving marketing and advertising sector
Marketing and advertising are integral to any successful business strategy – we help you navigate the legal risks.
Carving out a competitive position when bringing products and services to market demands a sound business strategy and a creative approach. It’s equally important to stay onside of legal requirements and minimize risk in your go-to-market advertising campaigns and promotional activities. Companies across all sectors face a range of legal and regulatory requirements and a continuously evolving digital and social media landscape.
It is vital that marketing and advertising programs be designed in compliance with the myriad of laws and industry standards that apply – from regulatory to privacy to pricing claims to French language requirements in Quebec and beyond.
From as early as the concept stage, we provide expert advice and targeted guidance to help advertisers and marketers identify challenges, avoid potential conflicts, and adopt action plans designed to meet the specific needs of their businesses and brands.
Whether you are leading an emerging startup or advertising creative team, or directing marketing plans for the category’s industry leader, we provide each of our clients with strategic advice tailored to each unique business and situation.
Unmatched Expertise in Litigation
Our litigation lawyers have represented famous brand owners in a wide range of litigation, disputes in the advertising and marketing fields, false or misleading advertising claims, Ad Standards disputes, and disputes regarding comparative advertising and product compatibility claims.
Services we offer in this area include advising on:
- Advertising campaigns in all media (including social and broadcast), including for regulated products (e.g. food, pharmaceutical, medical device, cosmetic, cannabis)
- Various promotional programs, including sweepstakes and contests, loyalty programs, coupons and rebates
- Product label and packaging reviews, including for food and cosmetic products
- Privacy and anti-spam (“CASL”)
- Ordinary selling price and other pricing issues
- Misleading advertising, including trade disputes
- Social media and influencer policies
- Comparative advertising claims
- Environmental claims
- E-commerce and other consumer protection act issues
- Consumer product safety and product recalls
- Warranties
- Quebec French language
- Advertising in Quebec
- Advertising to children
- Public relations communications and activities
- Commercial agreements, including joint promotion, co-branding, sponsorship, spokesperson, influencer, collaboration and distribution agreements
- Trademark identification reviews
- Searches and clearances of third-party rights
- Trade dress, trademark and copyright infringement strategy
- Litigation and other dispute proceedings (including Ad Standards)
Key Contacts
Our team of lawyers is at the forefront of the marketing and advertising industry. For domestic companies, as well as foreign businesses, we work closely with clients to maximize marketing opportunities while ensuring compliance with regulatory requirements and minimizing legal risk.Client Success
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Pharmaceutical industry guidance on marketing, advertising and privacy matters
OngoingMultinational pharmaceutical and device clients on various marketing, advertising and privacy matters, including disputes with competitors, PR activities, DTC advertising campaigns, advertising by hea...Read More -
Food and Beverage industry regulatory, compliance, marketing and advertising
OngoingMultinational food manufacturers on a variety of regulatory (including Temporary Marketing Authorization Letter issues), labelling, advertising (including Ad Standards proceedings, misleading advertis...Read More -
Cannabis and hemp industry regulatory, compliance, marketing and advertising
OngoingClients in the cannabis and hemp industry, including Licensed Producers and ancillary businesses, on marketing and advertising matters under both the medical and adult use regimes (including sponsor...Read More -
Pharmaceutical industry disputes with competitors, including marketing and advertising issues, PAAB and IMC Code compliance
OngoingMultinational pharmaceutical clients in disputes with competitors, including relating to marketing and advertising matters (including PAAB and IMC Code compliance)Read More
Unparalleled Expertise in Marketing & Advertising
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Best Lawyers
34 leading lawyers
2024The Best Lawyers in Canada -
Lexpert®-Ranked
One lawyer in Advertising & Marketing
2018-2021 & 2023The Canadian Legal LEXPERT® Directory -
Best Lawyers
33 leading lawyers
2023The Best Lawyers in Canada -
Best Lawyers
34 leading lawyers
2022The Best Lawyers in Canada -
Best Lawyers
31 leading lawyers
2021The Best Lawyers in Canada -
Best Lawyers
30 leading lawyers
2019-2020The Best Lawyers in Canada -
Lexpert®-Ranked
24 Lexpert®-ranked lawyers
2020The Canadian Legal LEXPERT® Directory -
Best Lawyers
27 leading lawyers
2018The Best Lawyers in Canada -
MRIA
Best Multi-Stakeholder Research Initiative
2018Marketing Research and Intelligence Association Excellence in Research Awards -
MIP
Canadian Trademark Milestone Case of the Year
2013 & 2015Managing IP Americas Awards
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Hehe, not Hehe: Meme marketing & advertising law in Canada
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Two health advertising updates – PAAB and Meta (Facebook)
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French language requirements in Québec: Part 6 - A “recognized trademark” displayed outside a building
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Smart & Biggar, Canada’s leading firm for intellectual property law, has once again earned top rank as a Band 1 firm for Intellectual Property (IP) in the 2022 Chambers Canada Guide. In addition ...Read More -
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Smart & Biggar is pleased to share that we have been named "Law Firm of the Year" for expertise in Intellectual Property Law in the 2022 Edition of The Best Lawyers in Canada. This recognition i...Read More -
Smart & Biggar named IP 'Law Firm of the Year' and leads the rankings with 31 lawyers recognized in The Best Lawyers in Canada 2021 edition
Smart & Biggar is pleased to share that we have been named 'Law Firm of the Year' for expertise in Intellectual Property Law in the 2021 Edition of The Best Lawyers in Canada.Read More -
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