Legion threatens litigation over Heroes pins

Posted By PETE FISHER

Posted 3 months ago

Dominion Command of the Royal Canadian Legion has threatened a Cobourg/Port Hope-based credit union with litigation for distributing lapel pins depicting the Highway of Heroes sign.

"I'm completely shocked because it is a representation of a road sign that is public property, I thought," Paul Hallas, CEO of Ganaraska Credit Union says.

On Oct. 23, the Ganaraska Credit Union, which has branches in Cobourg and Port Hope, was served a three-page letter by Ridout & Maybee law firm representing the Royal Canadian Legion on trademark matters.

"We must insist that your company immediately cease all display and distribution of any merchandise, including lapel pins, bearing the image of a poppy, the term poppy or a variation thereof," states the letter by Timothy C. Bourne.

The letter states the Royal Canadian Legion is the owner of the poppy design as well as a number of trademarks incorporating the image of a poppy and the term poppy.

Hallas, who was a reserve soldier for the Royal Hamilton Light Infantry, says it had always been the intention to donate 100% of the donations made for Highway of Heroes pins to the Military Families Fund.

A cheque for $8,125 raised from donations from the distribution of 4,000 Highway of Heroes pins was presented Wednesday.

The idea for the pins was to mark the 65th anniversary of the Credit Union and as a public service for the local community based on the fact the Highway of Heroes goes through Northumberland County.

The credit union has actually spent $10,000 with no intention of receiving any money for costs and with all

proceeds going to the Military Families Fund, Hallas says.

"We're giving these pins away for free and we are paying the bill for the production," Hallas says.

The Ganaraska Credit Union has had "enormous requests" for the pins from across the country, Hallas says.

"We've had requests from the Maritimes to British Columbia, from legions, police forces, widows and mothers of fallen soldiers as well as military museums."

But, Bill Maxwell, senior program director of the Royal Canadian Legion's Dominion Command said by phone Wednesday that most fundraising efforts where the poppy is used are "done with the best of intentions with funds going to a worthy cause. However, the legion has to be protective of the trademark."

The Legion has allowed the poppy to be used on license plates, road signs, bridges and even with computer software provided there is no commercial use.

Maxwell said anything commercial needs to be reviewed by the Poppy and Remembrance Committee.

Although the credit union recently received over 2,000 more pins which would have been the last produced, Hallas says the credit union would not have placed the Highway of Hero pins on display until after Nov. 11 so as not to interfere with the efforts of the Legion poppy campaign.

"Unfortunately, we received a letter from the Legion lawyer telling us to stop, and that we're infringement of their patent rights," Hallas says.

"I think it's completely outrageous."

Although the poppy on he pin was tweaked to not look like a poppy, the letter from the legion's legal firm states the design still contravenes the legion's trademark.

At the end of the day, all the money is going to military families, Hallas says, and he can't understand why that is a bad thing.

On the legion website, it states their mission is to support military families and veterans which is where the money is going.

"I really have no idea what their issue is," Hallas says.

"The poppy is an international symbol for fallen veterans."

An emergency meeting of the Ganaraska Credit Union board of directors was held Wednesday evening, Nov. 3.

"The bottom line is our credit union is owned by our members and there is no way I will be able to fight the legion on this. We'll have to back down and basically destroy the pins," Hallas says.

The pin initiative had the support from Canadians across the country and raised thousands of dollars for military families, Hallas notes.

"If someone was making money, I could see an issue," Hallas says. "If someone was trying to recover the costs, maybe, maybe not. We are not doing either."

This year on Remembrance Day, Hallas will be wearing a poppy emblem from the legion and a Highway of Heroes lapel pin.

"I wear the pin for the final leg home of our soldiers, now 133 of them, and that's why the highway was dedicated that.

"Which is slightly different than a poppy itself. The poppy is a memorial for all individuals who gave their lives for our way of life over the years."