Protected Poppies

In Edmonton, the local branch of the Royal Canadian Legion is concerned about the sale of white poppies with the word “peace” in the middle. The red poppy has come to symbolize Remembrance Day, when Canadians honour their war dead.

The Legion has had its poppy design registered as a trade-mark since 1948. The poppy design is also protected by federal legislation (s. 15 of the the Royal Canadian Legion Act, S.C. 1948, c. 84, as amended by S.C. 1980-81-82-83, c. 179) which provides that the poppy design as depicted is a mark of the “dominion command” and a registered trade-mark under the Trade-marks Act.

Anti-war activists are offering white poppies with the word “Peace” for sale in Edmonton, claiming that such poppies have been sold as a peace symbol since 1933. The Legion is alleging infringement of its trade-mark rights and arguing that the sale of such poppies politicizes the Legion’s symbol of sacrifice.

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It’s Hallowe’en But There’s Not Much Interest In Hell(.Com)

Recent bidding for the hell.com domain name failed to live up to it’s owner’s hopes, with no one matching the $1 million (U.S.) reserve bid. In case you’re interested, the hell.ca domain name is taken and links to an active site, unlike hell.com, which apparently operates in a “private parallel web”.

Olympic Trademark Legislation

The Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games (VANOC) is seeking legislation from the federal government that will allow it to deal more effectively with persons who misuse Olympic marks. In its annual report released this week, VANOC explains that it is in discussions with Canadian government officials regarding a special legilslation to protect the Olympic brand. The intention is to reduce ambush marketing during the period leading up to the 2008 Beijing Games and the 2010 Vancouver Winter Games.

Such legislation is not new. Italy introduced such legislation prior to the 2006 Turin Winter Games.

About the Blog

The authors of the Canadian Trademark Blog are all members of the Canadian law firm Clark Wilson LLP, based in Vancouver, Canada. Each author's practice focuses–either in whole or in substantial part–on Canadian intellectual property law. Together, they manage the trade-mark portfolios of local, national and international brand owners in nearly all industries and markets.

The Authors