Tags
access to information
AI
AIDA
AI governance
AI regulation
Ambush Marketing
artificial intelligence
big data
bill c11
Bill c27
copyright
data governance
data protection
data strategy
Electronic Commerce
freedom of expression
Geospatial
geospatial data
intellectual property
Internet
internet law
IP
open data
open government
personal information
pipeda
Privacy
smart cities
trademarks
transparency
|
Teresa Scassa
Wednesday, 29 June 2011 08:00
Ambush Marketing and the Right of AssociationAmbush marketing took on major event proportions at the Vancouver Olympics, as many large corporations sought to create associations with the event without falling afoul of s. 4 of Canada’s Olympic and Paralympic Marks Act. Perhaps the cheekiest example was Lululemon’s new clothing line titled “Cool Sporting Event That Takes Place in British Columbia Between 2009 & 2011 Edition.” Ambush marketing was also in the news around the FIFA World Cup of Football held in South Africa in the Summer of 2010. The most notorious incident linked to that event was the arrest of Dutch women who had the temerity to wear orange dresses, supplied by a Dutch brewery, to one of the matches. “Ambush marketing” activities have frustrated major sporting event organizers and sponsors for years. Such activities are seen to detract from the value of lucrative event sponsorships, yet they have been difficult to curb under trademark law or the law of passing off. This is largely because most ambush marketing does not make use of the trademarks of others, nor does it attempt to create confusion as to the source of wares or services. Instead, ambush marketing tries to benefit from the buzz surrounding a major event by creating an association in the minds of consumers between the advertiser and the event. Event organizers, on the other hand, view the goodwill associated with the event as a form of property. In the last decade, major sporting event organizers such as the International Olympic Committee and FIFA have pressured national governments to pass legislation prohibiting ambush marketing as a condition of a successful bid to host an event. Indeed, legal protection against ambush marketing is now a requirement for a successful bid for an Olympic Games. Anti-ambush marketing legislation has already been enacted in many countries, including the UK, Canada, South Africa, Australia and New Zealand. The statutes in these jurisdictions reveal an emerging “right of association”. In a paper which should be out in the Sports Management Journal in the summer of 2011 (titled: Ambush Marketing and the Right of Association: Clamping Down on References to that Big Event with All the Athletes in a Couple of Years, PDF now available here) I survey the evolution of the right of association and discuss its key features. I argue that the need for such a legislated right has never been properly established. I also argue that anti-ambush marketing legislation is overly broad, does not reflect an appropriate balancing of interests, and may infringe upon the freedom of expression. In particular, the legislation removes the right to make commercial associations, however minor, with a major event taking place within a community. The laws do not just target major corporations who might have bid for sponsorship rights. They affect small local businesses as well, including those who might simply want to get into the spirit of the event that has transformed and taken over their community.
Published in
Ambush Marketing
Tagged under
Tuesday, 28 June 2011 14:54
Ontario Court Rejects Tort of Invasion of PrivacyIn a recent case, Jones v. Tsige, (2011 ONSC 1475) Justice Whittaker of the Ontario Superior Court granted a motion for summary judgment in law suit which the plaintiff had argued that the defendant had invaded her privacy when she accessed her personal banking information 174 times in a 4 year period. The defendant argued that there was no such action at common law in the province of Ontario.
Tuesday, 28 June 2011 14:39
ContactTeresa Scassa
Published in
Contact
Monday, 26 March 2001 09:55
Patents for Second Medical Indications: Issues and Implications for Pharmacare in Canada"Patents for Second Medical Indications: Issues and Implications for Pharmacare in Canada" (March 26, 2001). Report prepared for Health Canada.
Published in
Reports/Consultations
Tagged under
Thursday, 28 April 2005 09:52
An Analysis of Legal and Technological Privacy Implications of Radio Frequency Identification TechnologiesTeresa Scassa, Theodore Chiasson, Michael Deturbide, Anne Uteck, An Analysis of Legal and Technological Privacy Implications of Radio Frequency Identification Technologies, April 28, 2005. Report Prepared under the Contributions Program of the Office of the Privacy Commissioner of Canada.
Published in
Reports/Consultations
Tagged under
Wednesday, 31 May 2006 09:49
Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction in the Age of GlobalizationStephen Coughlan, Robert Currie, Hugh Kindred and Teresa Scassa, Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction in the Age of Globalization, Prepared for the Law Commission of Canada, May 31, 2006.
Published in
Reports/Consultations
Saturday, 21 April 2007 09:47
Extension of Intellectual Property Rights“Extension of Intellectual Property Rights”, prepared for the Competition Bureau and Industry Canada, April, 2007.
Published in
Reports/Consultations
Tagged under
Tuesday, 31 March 2009 09:45
“Intelligence Gathering and Identification of Data Privacy Issues Arising from the Deployment of Intelligent Transportation Systems Including Vehicle-Infrastructure Integration and Cooperation”Teresa Scassa, Jennifer Chandler and Elizabeth Judge, “Intelligence Gathering and Identification of Data Privacy Issues Arising from the Deployment of Intelligent Transportation Systems Including Vehicle-Infrastructure Integration and Cooperation”, prepared for Transport Canada, March 31, 2009.
Published in
Reports/Consultations
Tagged under
Thursday, 21 June 1990 09:42
Book Review: "Linguistic Aspects of Legislative Expression"Book Review: "Linguistic Aspects of Legislative Expression", (1990) 34 McGill L.J. 707.
Published in
Book Reviews
Friday, 21 June 1996 09:40
Critical Notice: "Les Mélanges Jean Beetz"Critical Notice: "Les Mélanges Jean Beetz", (1996) 19 Dalhousie Law Journal 437.
Published in
Book Reviews
|
Electronic Commerce and Internet Law in Canada, 2nd EditionPublished in 2012 by CCH Canadian Ltd. Intellectual Property for the 21st CenturyIntellectual Property Law for the 21st Century: Interdisciplinary Approaches |