When the Canadian government introduced overbroad and unnecessary legislation to protect Olympic marks, the Vancouver Olympic Organizing Committee claimed that the legislation was necessary to guard against ambush marketing. Fresh off that legislative win, VANOC is now going for more gold. The Globe and Mail reports that it has applied for trademark protection for "with glowing hearts," part of the refrain in the national anthem. While the rights associated with the mark would (if granted) be limited to association with certain products and services, this is yet another example of intellectual property run amuck. There is nothing to stop VANOC from using the phrase in its marketing. But there should not be anything to stop anyone else from using it either.
VANOC Seeks to Trademark Part of O’Canada
4 Comments
Recent Posts
Canadian Government Caves on Digital Services Tax After Years of Dismissing the Risks of Trade Retaliation 
The Law Bytes Podcast, Episode 238: David Fraser on Why Bill C-2’s Lawful Access Powers May Put Canadians’ Digital Security At Risk 
Ignoring the Warning Signs: Why Did the Canadian Government Dismiss the Trade Risks of a Digital Services Tax? 
Why Bill C-2 Faces a Likely Constitutional Challenge By Placing Solicitor-Client Privilege at Risk 
The Law Bytes Podcast, Episode 237: A Conversation with Jason Woywada of BCFIPA on Political Party Privacy and Bill C-4
Needlessly Offensive
Getting a Trademark on a piece of Canadian National Heritage that is in the public domain was a needlessly offensive thing to do. A local Vancouver radio station poll shows an overwhelming majority of people think VanOC has gone too far. They would have been far better off to come up with something original. This is akin to going into someone’s home, taking a family heirloom, selling it and attacking anyone who tries to take it back. This is not for the greater good.
Olympics movement in its present form is FAIL.
Keep it out of Canada, please.
Better to have these olympics in China, the vision of Chinese goverment is closer to the one of IOC and VANOC.
[ link ] comment:
“I thought the Olympics were for the world to enjoy?
How can they copyright something that belongs to everyone?”
Trade marks
Getting a Trademark on a piece of O’Canada gives them to the right to stop canada from using its national antum even though they say they would not. We all know if canada Offends the Olimpics they will try to sue for trade marks.
It belong as public domain to the canadains. you dont see us trade marking “USA – Unlimited Sexy Anus”
Canada has perfected the art of selling out to the highest bidder since Diefenbaker. Even the IOC has been aghast at some of VANOC’s actions.
However much Beijing was set to impress, Canada is set to disappoint. It’s our way.
I’m just waiting to see if we become a Russian district or US state next.