Jennifer McKenzie and Amanda Branch coauthored Canada’s section published in “From billboards to influencers: navigating new advertising rules across the Americas”

Jennifer McKenzie and Amanda Branch coauthored Canada's section published in "From billboards to influencers: navigating new advertising rules across the Americas" by the World Trademark Review.

Trademark experts offer insight into the advertising regimes in their respective jurisdictions and, crucially, how brands can avoid falling foul of the law.

The advertising decision-making process is an area of company activity where the intersection of trademark rights and marketing considerations becomes readily apparent. Ignore the legal complexities and the results can be both costly and commercially damaging. Yet advertising restrictions in different jurisdictions pose real difficulties for marketers seeking to create a consistent brand message, as well as for trademark counsel trying to ensure that advertising campaigns do not fall foul of the relevant rules and regulations.

The challenge is made even harder by the fact that market practices are constantly shifting, with influencers and endorsers complementing traditional channels. In this exclusive roundtable a panel of experts from across the whole of the Americas – Paula Fernandez Pfizenmaier of Randle Legal in Argentina, Jennifer McKenzie and Amanda Branch of Bereskin & Parr in Canada, Eugenio J Torres-Oyola of Ferraiuoli in Puerto Rico and Roger Colaizzi of Venable in the United States – take a strategic look at the factors at play and offer practical advice on how to navigate this complex landscape.

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This article was first published in the World Trademark Review on January 2, 2020.