The National Post reported this story about the publication of a controversial ad commissioned by the World Wildlife Fund (WWF), pictured above, being published without its approval.
The ad, sporting a tagline that reads “the [2004] tsumani killed 100 times more people than 9/11.” The ad was rejected by the WWF, but the advertising agency submitted it to a contest without the WWF’s approval. After it was published, the ad stirred up much controversy. Understandably, many in New York City were offended by it.
The WWF released a formal statement condemning the ad and is investigating the unauthorized use of its logo.
Under the relevant Canadian law (which is unlikely to be applicable here), the unauthorized use of a registered trademark logo would likely constitute trademark infringement.
The Trade-Marks Act provides the following:
20. (1) The right of the owner of a registered trade-mark to its exclusive use shall be deemed to be infringed by a person not entitled to its use under this Act who sells, distributes or advertises wares or services in association with a confusing trade-mark or trade-name, but no registration of a trade-mark prevents a person from making
(a) any bona fide use of his personal name as a trade-name, or
(b) any bona fide use, other than as a trade-mark,
(i) of the geographical name of his place of business, or
(ii) of any accurate description of the character or quality of his wares or services,
in such a manner as is not likely to have the effect of depreciating the value of the goodwill attaching to the trade-mark.
Under the circumstances, if the incident had happened in Canada, it’s likely that the agency would be deemed to have depreciated the value of the good will attaching to the trade-mark, infringing the WWF’s rights.
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Please Note: This article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. Legislation referred to may have been amended or repealed since the publication of the article
*R.S.C. 1985, c. T-13
