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Consumer & Retail Advisor

Category Archives: Branding

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What’s Critical to Succeeding in our Changing Retail Landscape

Posted in Branding, Retailing

*This is a guest post by Mirella Pisciuneri and Katherine Forbes of Richter Advisory Group. The opinions expressed in this article do not necessarily represent the views of McCarthy Tétrault. 

Roughly one decade ago, there was much speculation as to how Canadian retail brands would fare when international fast-fashion chains began opening stores in Canada. In addition, while new chains have made their presence known across the country and with increasing consolidation and emphasis on ecommerce, the retail market has become increasingly interesting to watch.

Large and established fast fashion brands of significant scale are often vertically integrated, with a … Continue Reading

Takeaways – McCarthy Tétrault’s 6th Annual Consumer Products and Retail Summit

Posted in Branding, Competition, Distribution, Employment and HR, Events, Franchising, Real Estate, Retailing, Shopping Centres

McCarthy Tetrault’s 6th Annual Consumer Products and Retail Summit was held on February 25, 2016. Here are our key takeaways from the Summit, including practical tips from each of our topics:

Trends and Lessons Learned from Recent Retail Restructurings
Katherine Forbes and Mirella Pisciuneri, Richter Advisory Group

  • E-commerce is here to stay and is key to success, but only as part of a strategy combined with ‘bricks & mortar’ to create a customer experience
  • Vertical integration and comprehensive merchandise planning are critical for reducing costs and improving profit margins
  • Make the most of available consumer profile information, but be mindful
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McCarthy Tétrault’s 6th Annual Consumer Products and Retail Summit

Posted in Branding, Competition, Consumer Protection, Events, Product Liability, Real Estate, Retailing, Trade

McCarthy Tétrault’s multidisciplinary Consumer Products and Retail Group is hosting our sixth annual national McCarthy Tétrault Consumer Products & Retail Summit, which will provide practical tips to address timely issues facing retailers and consumer facing businesses today.

Richter Advisory Group Inc. will discuss key trends and lessons learned from recent restructurings in the retail sector.

This will be followed by our panels of experts who will discuss the following topics:

  • Real estate issues, including the impact of e-commerce on “bricks and mortar” and leasing strategies;
  • Recent developments in competition law, including compliance policies, the display of prices and current priorities
Continue Reading

Québec Signage Issue – Appeal Dismissed from the Bench

Posted in Branding, Legislation

In connection with the decision of Magasins Best Buy Ltée, Costco Wholesale Canada Ltd. et al v. Québec (Procureur général), 2014 QCCS 1427 described in the post entitled “Doing Business in Quebec: Does the Charter of the French Language Prevent the Use of Trade-Marks in Languages other than French in Signs, Posters and Advertising?” posted in April 2014, the Québec Court of Appeal recently concluded that the Charter of the French language (the “Charter”) does not allow the Office québécois de la langue française (“OQLF”) to require retailers to add a French descriptor … Continue Reading

Evolving Law of Trade-dress in a Digital World

Posted in Branding, Competition

In an increasingly crowded market, businesses are investing heavily into unique customer experiences to boost brand identity and loyalty. As expected, there is a growing need to protect the design and other distinguishing elements incorporated into the products, packaging as well as off and online customer experiences. Collectively, these features are known as the trade-dress or the look and feel of the brand. The recent crack-down on 22 counterfeit Apple stores illustrates the importance of trade-dress protection.

This article provides an overview of the law on trade-dress in Canada and surveys the movement in the US to protect the trade … Continue Reading

Doing Business in Quebec: Does the Charter of the French Language Prevent the Use of Trade-Marks in Languages other than French in Signs, Posters and Advertising?

Posted in Branding, Legislation

Doing business in Quebec requires that enterprises pay particular attention to the requirements set out in the Charter of the French Language, R.S.Q., c. C-11 (commonly known as “Bill 101”, hereinafter referred to as the “Charter”), a statute adopted in 1977 with the purpose of enhancing the status of the French language in Quebec, in response to what was held to be a pressing and substantial concern — the survival of the French language. Contravention to the provisions of the Charter can expose one to penal proceedings and hefty fines (up to 40,000$, plus accounting for profits), … Continue Reading

Misleading Advertising – Competition Bureau’s Enforcement Priorities

Posted in Branding, Competition, Consumer Protection

The following article by Dominic Therien may be of interest to readers of this blog:

Misleading Advertising – Competition Bureau’s Enforcement Priorities

On February 4, 2014, Lisa Campbell, Deputy Commissioner of the Fair Business Practices Branch, and Sophie Beaulieu, Competition Law Officer, participated in a lunch seminar at McCarthy Tétrault’s Montreal office to discuss the Competition Bureau’s current enforcement priorities and recent enforcement actions in the area of misleading advertising and marketing. The following are key takeaways from their presentation. Read more.

 … Continue Reading

Fashion Law and Business: Brands & Retailers

Posted in Branding, Corporate Matters, Employment and HR, Retailing

For those interested, Fashion Law and Business: Brands & Retailers by Lois Herzeca and Howard Hogan was recently published, and is available for purchase here.

The book unravels the complexities of the global fashion industry, and provides guidance on the wide range of legal and business issues faced by fashion industry participants, including designers, suppliers, manufacturers of apparel and accessories, and retailers. It covers the following topics:

  • the considerations involved in starting a company in the fashion industry, including developing a business plan, determining the form and structure of the legal entity, and obtaining financing
  • how patent, trademark and
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Alberta Liquor Licensees and Suppliers Beware

Posted in Branding, Litigation, Retailing

The Alberta Gaming and Liquor Commission (“AGLC”) has recently increased enforcement to ensure that Liquor Agents, Liquor Suppliers and Liquor Licensees are complying with provisions respecting inducements. The industry should be aware that years of adopted practices and interpretations of these regulations does not necessarily equate with compliance. Industry should take a careful look.… Continue Reading

Protecting Your Brand in the Internet Age

Posted in Branding, Consumer Protection, Litigation, Product Liability, Retailing

Retailers and manufacturers know that their brand is not only the identity they expressly communicate to their customers, but also what those customers think and say about them. The rise of social media means that what a single individual thinks or says about a retailer can impact its brand in profound ways that were unthinkable before the Internet. A single message – or, sometimes worse, a single photo – can spread across the Internet and expose a retail reputation to real damage in a matter of hours that may take months to fix, if at all.

What does this mean … Continue Reading