[Newsbot]

Title: Poppy pin prompts legal threat
Category: Misc CDN
Posted By: Hyack
Date: 2009-11-05 10:05:25
Canadian

[Choban]

So file a letter to the legions law team, explaining where the funds are going and that you intend the use in the best of purposes and you should be ok.

[Benn]

Owns the trademark to the term poppy? Pfft get real, unenforceable. POPPY POPPY POPPY, there the Legion can send me a PM for my coordinates and sue me. Good luck with that, besides I think God had claim to the the flower than they do.

[DrCaleb]

Benn Benn:

Owns the trademark to the term poppy? Pfft get real, unenforceable. POPPY POPPY POPPY, there the Legion can send me a PM for my coordinates and sue me. Good luck with that, besides I think God had claim to the the flower than they do.

For very loose definitions of 'Trademark'. (You might want to look it up.)

[TattoodGirl]

Choban Choban:

So file a letter to the legions law team, explaining where the funds are going and that you intend the use in the best of purposes and you should be ok.

Agreed. I dont agree with a red poppy used for this purpose but something that depicts the area or maybe a white poppy. We have White poppies in this area so why not. I believe the legions would be happy with it but I think the highway of tears needs a special remembrance for the tragedies

[bossdog]

This is straight from the CIPO Database. All of these items are registered in Canada to:
THE ROYAL CANADIAN LEGION, DOMINION COMMAND,
359 KENT STREET,
OTTAWA,
K2P 0R7
ONTARIO




TRADE-MARK:
POPPY

INDEX HEADINGS:
POPPY

SERVICES:
(1) Conducting memorial services honouring all those who have served in the Canadian and allied armed forces; fund raising activities to assist Canadian ex-service personnel and their dependents in necessitous circumstances anywhere and ex-service personnel of Commonwealth countries other than Canada and of allied countries resident in Canada; and to operate a service bureau to carry out such services; and to provide bursaries to children and grandchildren of ex-service personnel.

CLAIMS:
Used in CANADA since 1922.

[OldChum]

Yes but may be it is a bit overactive after all the money went to help soldiers families

[PublicAnimalNo9]

Benn Benn:

Owns the trademark to the term poppy? Pfft get real, unenforceable. POPPY POPPY POPPY, there the Legion can send me a PM for my coordinates and sue me. Good luck with that, besides I think God had claim to the the flower than they do.

Well that was almost funny. Saying a trademarked name isn't the same as trying to make money from it. If that was the case, no one would ever be able to say any brand name.
I understand completely the point of view of the Legion. The poppy pin is one of the few outlets they have for fundraising and they want to protect that. Perfectly logical. However I think they kinda went a little off kilter in this particular case. The man is an ex RHLI, even if he was a reservist, and was just trying to do the same thing the Legion does, and for the same purpose.
On the other hand, being ex-military, he should have known and should have contacted the Legion beforehand about his idea and what he was going to do with the funds.