On July 1, 2014, Canada’s Anti-Spam Legislation—the Canadian version of U.S. CAN-SPAM-came into force. While much has been written about the consent and disclosure/form requirements for commercial electronic messages imposed by the new legislation, and the draconian penalties for non-compliance, comparatively little has been said about the amendments to the …read more
Brands and brand management have become a central feature of the modern economy and a staple of business theory and business practice. Brands also have important effects on competition and the marketplace; yet the two key areas of law concerned with competition—trademark and antitrust—have missed the importance of branding.
The cola wars. The Apple “I’m a PC” ads. “Miller Lite Has More Taste Than Bud Light.” For as long as there have been advertisements and marketing, companies have been favorably comparing their products and services to those of their competitors and sometimes engaging in outright disparagement in doing so. …read more
In late 2013, a jury in the Eastern District of Texas, Marshall Division, which had been considering whether Becton-Dickinson should be held liable for attempted monopolization of the market for retractable safety syringes, concluded that Becton had engaged in exclusionary conduct against Retractable Technologies by means of deceptive advertising and …read more