Legal Blog

Canada’s Anti-Spam Law Raises Questions For U.S. Companies

This article first appeared in The Legal Intelligencer on October 7, 2014. Matthew Lurie contributed to this article.

IP AlertEmail communications are a pervasive component of our daily existence. Industry analysts predict that by 2015 we will send and receive on average 125 emails per day. The ease, speed and cost savings that modern technology provides to deliver targeted emails to a receptive audience are equally available to deliver unsolicited messages to thousands of strangers. We have come to expect a large daily supply of advertising-related emails from many sources—companies with which we have conducted business, charitable organizations we support, industry associations for which we might be a member and groups or companies with which we have no prior connection. Many of these emails are messages we view as unwanted spam.

Spam is commonly understood to mean unsolicited advertising-related email messages sent to a wide audience. Most of us give little thought to the subject and view spam merely as one of life’s unavoidable minor annoyances. When spam evades our computer’s Internet filters, we delete these messages from our inboxes, move them to a separate folder or click a button to report it to our webmail service. Organizations should be cautious when creating an email marketing campaign directed to people with whom they have no prior connection—messages perceived to be junk mail might be viewed as either ineffective or negative marketing.

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If you have any questions about the new anti-spam law in Canada and its relationship to U.S. companies please contact Jonathan Wachs at or 301-575-0302.


Jon Wachs websiteAs head of the firm’s Intellectual Property Group, Mr. Wachs works closely with clients to develop, register, analyze, enforce, and transfer intellectual property assets in a customized, cost-efficient, and highly effective manner. Additionally, he conducts intellectual property audits through which clients learn the nature and value of their intellectual property assets and the steps needed to protect such assets from misappropriation or dilution.   You can also connect with Offit Kurman via FacebookTwitterGoogle+YouTube, and LinkedIn.