Canadian Mint Claims Rights To Words "One Cent"

knorthern knight writes "A weird intersection of copyright/trademark with politics is playing out in Canada. Short background: various Canadian cities and municipalities have launched a publicity/lobbying campaign seeking a fixed take from the GST (Goods and Services Tax, a national Canadian sales tax similar to European VAT). The amount sought is 1 cent for each dollar of the purchase price. This is summarized by the slogan 'One Cent of the GST NOW.' According to a press release, the Royal Canadian Mint (the federal agency that prints Canadian paper currency and stamps Canadian coins) has demanded from the City of Toronto $47,680 in royalties for use of the phrase 'one cent', and the image of the Canadian penny. $10,000 covers the use of the words 'one cent' in the campaign website address (www.onecentnow.ca) and email address (onecentnow@toronto.ca). An additional $10,000 is demanded for the use of these words in the campaign phone number (416-ONE-CENT). The remaining $27,680 covers the use of the image of the Canadian penny in printed materials such as pins and posters." Here's a National Post article on the brouhaha.

Comments

My two cents

[Anonymous Coward]

Oh shit...

Re:My two cents

[somersault]

I hope 50 Cent doesn't try selling music in Canada, or he's screwed.

Re:My two cents

[rs79]

(This applies to Canada)

You need to look up "official mark". Although handled through the trademark office an official mark has enhanced protection unter the law. Official marks can be granted for things you can't get a trademark for and the exact wording does not need to be registered. And this is a trademark issue that has nothing to do with copyright. The right to copy money falled under the criminal code. A case could be made for protection as an registered industrial design though.

Having said that, according to the (govt) strategis database there are 123 hits for trademarks with "cent" in them.

The questions are: is the likeness of the penny similar enough to warrent infringement. Courts so far seem to want things to be very very close. They could lose on that point. Is "one cent" protected? If it is it hasn't been enforced in the past, not that this matters a whole lot as far as an official mark is concerned.

See
1) http://strategis.ic.gc.ca/app/cipo/trademarks/search/tmSearch.do?language=eng

2) 9(1)(n)(iii) of the Trade-marks Act

This case could go either way. And they might or might not be reversed by a higher court. There is no federal court ruling on this and lower course have been inconsistant. It's a distractive strategy IMO to piss off the Toronto poeple.

Re:My two cents

[evalhalla]

1) Under the Berne convention there is no need for copyright notices for works to be protected
2) prior use / art applies to brevets, not to copyright
3) as above
4) well, that could work, but I don't see it as mattering in court

I don't see the mint winning either, at least on the "one cent" phrase; they may have a point on the use of the image of the canadian penny, however.

first we need to clarify

[edittard]

Is that one cent, or point zero one of a cent?

When will it end?!

[Enoxice]

There are some days I have to double check myself and make sure I'm not reading the Onion by mistake. Those days seem to be becoming larger in number.

Parity with US$ has gone to their heads!

[jcc]

Loonies!

If they get through with this ....

[aix tom]

.... Toronto should pay. .... In cash. .... In pennies.

Re:If they get through with this ....

[tgd]

That makes a lot of cents.

Re:Southern Inspiration

[Jaxoreth]

Canadians can't stand for this. We have to stamp the crazy out now

Why? Is it replacing the loony?

Re:ummm

[Anonymous Coward]

> I thought the Romans had the cent long before Canada.

ummmm, no. They had the denarius. That's why British LSd money referred to their _penny_ as 1d -- d for denarius.

And a _penny_ was not the same thing as a _cent_. There were 240 "old" pence in the pound.

Those of us on {Dollars|Euros|Pesos|Rands|etc.}, and Cent(avo)s are using new fangled decimal money that came much later on.

AHA! Aboot time!

[db32]

Take that you smug little bastards! You sit up there all pointing and laughing at how insane the IP system has gotten in the US... HAH! Welcome to the new world, not so smug now eh? One Cent...holy crap... And its not even some profit mongering megacorp up there, its your freakin federal agency suing the city. On top of that the irony involved in the fact that the whole thing is about trying to get 'one cent' out of the tax, and the government response is to charge them for asking for it! Aaaahahahahahaa. Now maybe you won't be so damned smug when stupid shit happens here down south of you.

Re:Southern Inspiration

[dreamchaser]

The US certainly has a huge number of problems, but it still amazes me that not one thread can go by here without someone karma whoring by inserting a veiled or not so veiled reference that says 'It must be the United State's fault'.

The US Mint has never done anything at all similar. Private companies have, but those are not a Government entity. Let's keep on topic and focus on Canada for once, ok?

RCM != Paper Money

[alexburke]

the Royal Canadian Mint (the federal agency that prints Canadian paper currency and stamps Canadian coins)

Nope. The Royal Canadian Mint stamps coins only. The Bank of Canada is responsible for paper money, the actual printing of which is performed by Canadian Bank Note Company, Limited and BA International Inc (formerly British American Banknote).

Re:Yeah, that would show them

[tomhudson]

You can't just pay in pennies.

Amounts that are considered legal tender in Canada (which means they can't be refused):

1. up to 25 pennies
2. 1 dollar in nickels
3. to dollars in dimes
4. 40 quarters
5. 20 dollars in loonies ($1 coin)
6. 40 dollars in toonies *$2 coin)

So no, they're not obligated to take a ton of pennies.