Marketing « Brian Bowman – On the Cutting Edge

By: Brian Bowman  09-12-2011

Marketing « Brian Bowman – On the Cutting Edge

November 4, 2011

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July 7, 2011
  • highlights of the new law
  • why you should care 
  • an overview of the rules  
  • penalties for non-compliance; and
  • proactive tips to help comply with the law

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May 6, 2011

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March 24, 2011

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December 1, 2009

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September 21, 2009

Peruse through your Inbox and look at the e-mails you have received this week. No doubt there will be a few that include legal notices at the bottom of messages warning you of the confidential nature of the correspondence and stressing that if you are not the intended addressee that you are to return the e-mail to the sender… immediately!   These automatically generated e-mail disclaimers have become standard business practice.  They have become so commonplace it begs the question: are e-mail disclaimers legally enforceable?

  • the lack of consideration between parties to create binding contracts via typical e-mails;
  • the timing of e-mail disclaimers (they come at the end of e-mails, after recipients have read the messages); and
  • the otherwise lack of confidentiality associated with e-mails, which has come to light through the ever-increasing number of e-fraud cases.

That said, it is always safer to err on the side of caution.  In the event your organization were unlucky enough to be sued for the contents of an e-mail, it may prove useful to have used an e-mail disclaimer.  At the end of the day, even though the enforceability of e-mail disclaimers may not have yet been judicially considered, having an appropriately drafted e-mail disclaimer may help mitigate your businesses’ liability in the event of an unfortunate e-mail mishap.

E-mail disclaimers should be drafted with legal and business considerations in mind in such a manner that reflects the values, marketing strategy and risk tolerance of your organization. Please contact me if I can provide any assistance in drafting an e-mail disclaimer that suits your organization’s needs.

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August 24, 2009

It’s an exciting time to be a technologically-inclined entrepreneur, but the privacy consequences of smartphone apps cannot (and should not) be ignored. Any business that is considering creating or otherwise implementing an app should consider the privacy implications of doing so, preferably at the early stages of project development.

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June 18, 2009

Rock legend , best known as the lead guitarist of , is taking legal action against  over the alleged use of his signature guitar color scheme on Nike’s new Nike Dunk runners.  Van Halen had the red, white and black splattered design most commonly associated with his “frankenstrat” guitar copyrighted in 2001.  Van Halen is claiming that the Nike shoes are damaging his image and “causing irreparable harm and damage” to his design.  Nike has refuted the allegations and stated that “the Dunk shoe design is not substantially similar to any of the Van Halen designs, and Nike has not referenced the Van Halen name or image as part of any marketing campaign or promotional material associated with the shoe.” Interestingly, Van Halen recently released his own shoe line called or , which feature the recognizable pattern.

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May 13, 2009

You have probably seen the ® or ™ symbol on products or in advertisements. But what do these symbols mean and when is it appropriate to use them?

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April 24, 2009

It would establish a regulatory enforcement regime that would enable the to impose penalties of up to $1 million for individuals and $10 million in all other cases.  The would use a penalty regime already provided for in the Competition Act, and the federal ‘s powers to cooperate and exchange information with her counterparts would be expanded in respect of the .

The ECPA is nearly 70 pages long.  Stay tuned to this blog.  As soon as I’ve been able to digest the content I’ll post again on how the ECPA is likely going to affect Canadian businesses, especially those enaged in online marketing.

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The information in this article was current at 06 Dec 2011

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Facebook « Brian Bowman – On the Cutting Edge

While users should not fear that their settings will completely reset each time such changes occur, they should keep a close eye on new features that may replace an existing feature; remove an existing feature entirely; or introduce something entirely different, which might require some tweaking from its default settings.


PIPEDA « Brian Bowman – On the Cutting Edge

Certainly one of the most rewarding things for me is to know that our work matters, that it has a real and positive impact on the lives of Canadians. We’re seeing unimaginable quantities of data flash around the world, including to countries where data-protection laws are slim to non-existent. So I would encourage business leaders to start giving some thought now to how they can bring their processes into compliance.