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Consumer & Retail Advisor

Category Archives: Product Liability

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Practical Strategies for Managing Consumer Complaints

Posted in Consumer Protection, Product Liability

On March 2, 2016, we posted some key takeaways from our 6th Annual Consumer Products & Retail Summit held on February 25, 2016, and are following up with a series of posts to provide more detail on our top tips from the presentation Product Liability: Practical Strategies for Managing Consumer Complaints.

Tip #1: Developing a complaint management and response protocol can offer advantages such as building up one’s brand and generating good will with customers, suppliers and regulators alike.

Experience has taught us that many consumer complaints do not signal a material issue. As a result, dealing with them can … Continue Reading

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

Retailers’ Patent Liability for the Distribution of Allegedly Infringing Products

Posted in Litigation, Product Liability, Retailing

In recent years, a number of retailers have been sued for patent infringement based on their distribution of allegedly infringing products. While there are no recent cases in which a retailer has been found liable for patent infringement on this basis, the upswing in this trend serves as a reminder to retailers of their potential exposure to claims of patent infringement with respect to the products they carry.

Potential Liability

A patentee has a claim against a retailer distributing goods that infringe its patent, notwithstanding that the retailer did not design or manufacture the allegedly infringing goods. In valuing its … Continue Reading

Hot Off the Press – Doing Business in Canada: Navigating Opportunities for Investment and Growth

Posted in Consumer Protection, Product Liability

If your organization is currently thinking about establishing or acquiring a business in Canada, the newest edition of Doing Business in Canada, written by McCarthy Tétrault, will prove to be a valuable resource. The guide provides a broad overview of the legal considerations that non-residents should take into account to help ensure their success as they enter into a business venture in Canada. Each section offers timely information and insightful commentary on different areas of law.

The book includes a chapter on manufacturing and the sale of goods, with sections on:
  • regulations and product standards
  • comsumer protection
  • product liability
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

Product Recalls are a Great Way to Get a Class Action Plaintiff’s Attention

Posted in Litigation, Product Liability

If one of your business’ consumer products is recalled, you don’t just need to worry about the recall itself and its implications for your business’ reputation with customers and suppliers. You should also consider class action risk.

There are many examples of Canadian class actions following the recall of a consumer product. The plaintiff can approach their case in a variety of ways, including:

  • Seeking personal injury damages due to the dangers posed by the product (e.g., drugs, medical equipment, baby equipment)
  • Seeking restitution (including refunds or that your business pay back its income relating to the product) due to
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5 Things Every Retailer Should Consider When Threatened with Patent Infringement

Posted in Product Liability, Retailing

The following snIP/ITs blog post by David Tait and Steven Tanner may be of interest to readers of this blog:

5 Things Every Retailer Should Consider When Threatened with Patent Infringement

In recent years, major Canadian retailers have been named as defendants in patent infringement lawsuits, including Wal-Mart (T-1841-11), Costco (T-1841-11), Canadian Tire (T-1002-12) and Home Depot (T-1112-13). The common thread linking these and other cases is that the plaintiff is asserting patent rights against a retailer that sells, but does not manufacture, allegedly infringing products in its stores. Read more.… Continue Reading