Bill Gives VANOC Greater Power To Protect Trademarks
VANOC has been “handed unprecedented legal powers to protect its trademarks," and so has each of its sponsors, according to Patrick Brethour of the Toronto GLOBE & MAIL. New legislation has created “two classes of trademark law: one for most of the corporate world, and one for the business of the Olympics.” The legislation, which was “promised by Ottawa as an inducement to win the 2010 Games, dramatically lowers the standard of proof needed to obtain a court order to halt ‘ambush marketing.’” The law also removes the need to demonstrate “irreparable harm” to the trademark or copyright that cannot be compensated for by monetary damages. VANOC Exec VP/Corporate Strategy & Partner Relations David Guscott said the law will allow the organization to “move very quickly” in trademark disputes. But Intellectual Property Institute of Canada trademark lawyer Cynthia Rowden suggested that the new law “could prove to be a problem for businesses that simply wish to express support for the Games, even Olympians aiming to sign licensing deals.” VANOC noted similar legislation has been enacted for past Games, and for Beijing in ’08 and London in 2012. However, Brethour notes there are “substantial differences between the British and Canadian laws. In the British version, only the organizing committee can pursue those it thinks have engaged in ambush marketing, and it must meet the same legal standard as any other litigant” (Toronto GLOBE & MAIL, 6/28).
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