|
Questions & Answers
To These Frequently Asked Questions:
Index - Trademark
law
Using
the ™ symbol
Index - Copyright Law
Using
the © symbol
How
long does copyright last?
Index - Contest Law
A
contest's "skill testing question"
Index - Advertising Law
What
is "puffery"
What
if an ad is literally true?
Do
the misleading advertising laws only apply to newspaper, radio
and TV ads?
Trademark Law
| ? |
Can
I use the ™ symbol without registering my trademark?
|
| ! |
Yes. You
can use the ™ symbol at any time, even if you haven't applied
for the registration of the trademark. It's wise to do so, since
it gives notice to the reader that you are claiming trademark
rights to it. Remember, though, you can only use the ® symbol
once your trademark is actually registered with the Trademarks
Office in Ottawa/Hull.
|

Copyright Law
| ? |
Can
I use the © symbol without registering my copyright?
|
| ! |
Yes you
can. There is no need to register your copyright in a work to use
the © symbol. It's also a wise idea to do so, since it gives the
reader notice that you own the copyright in that work. The
standard format for the use of the © symbol is the following
phrase:
© 1998 Sally Smith.
|

| ? |
How
long does copyright last?
|
| ! |
Generally,
the copyright in a work expires 50 years after the death of the
author (there are some exceptions to this).
|

Contest Law
| ? |
How
difficult must a contest's "skill testing question" be?
|
| ! |
Everyone
is familiar with the commonplace mathematical question. However,
the skill component of a contest need not necessarily be a
mathematical question. It could, for example, require the
contestant to guess the number of jelly beans in a jar. When a
mathematical question is used, the question must actually involve
a degree of skill -- the courts will not consider "2+2"
to have tested the person's skill.
|

Advertising law
| ? |
What
is "puffery" and is it OK to use it in an
advertisement?
|
| ! |
"Puffery"
is innocent "sales talk", such as, the vase would
make an ideal gift. "Puffery" is legal and an
advertiser would not be liable if the person who received the
gift didn't like it. The general rule is that an advertiser is no
longer "puffing" their product, and is liable for their
statements, when a promise, a claim or a verifiable fact is made.
|

| ? |
What
if an ad is literally true? Would this avoid a charge of
misleading advertising?
|
| ! |
No. Even
though each statement may be literally true, an offence can still
arise if the "general impression" conveyed by an ad is
misleading. In reviewing an ad for misleading advertising, it is
an incorrect approach to parse the language of the copy to
explain away a misstatement. In summary, the "general
impression" conveyed by a representation, as well as the
literal meaning, is taken into account in determining whether or
not a representation is false or misleading in a material
respect.
|

| ? |
Do
the misleading advertising laws only apply to newspaper, radio
and TV ads?
|
| ! |
Absolutely
not. The misleading advertising laws apply to "any"
vehicle used to promote your product, no matter how minor in
nature the promotional vehicle is. Obviously there is POP and
direct mail. Also consider these: any statements made on product
packaging; any insert included inside the box containing the
product; any oral statement made during in-store, door-to-door or
telephone selling.
|

|