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ARTICLE · 02 MARCH 2020

True Or False? Testing The Limits Of Comparative Advertising – Petline v Trupanion

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Comparative advertising can be a useful tool for marketers. It positions competing brands against each other and helps consumers make better choices.

CanadaIntellectual Property
Jamie-Lynn Kraft
Jamie-Lynn Kraft
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Comparative advertising can be a useful tool for marketers. It positions competing brands against each other and helps consumers make better choices. However, there are legal limits to comparative advertising which are set out in federal statutes like the Competition Act and the Trademarks Act. These limits were explored in the recent Federal Court of Canada decision Petline Insurance Company v Trupanion Brokers Ontario Inc, 2019 FC 1450.  

Petline Insurance Company (Petline) and Trupanion Brokers Ontario Inc. (Trupanion) are competitors in the Canadian pet insurance business. A dispute between the parties arose as a result of a publication by Trupanion which featured a comparison between its insurance and that offered by Petline under its registered trademark PETSECURE. There were nine impugned statements in total, including:

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The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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