A reporter for the National Post finally got the Federal Identity Program to delineate the difference between a flag and a flag symbol.
In the article federal spokesman Shawn Dearn stated "The flag symbol is two red stripes (or black if printed on a black-and-white printer) with an 11-point maple leaf centred between the stripes, The national flag, on the other hand, is two red stripes with a white square containing an 11-point red maple leaf in the centre. The difference arises only when the two are printed on non-white paper, or when words are placed next to the flag"
From the screenshot We can see that the flag is on a red background, which if it was a flag symbol, then the area around the maple leaf would be the lighter shade of red as the background.
This leads us to ask why did the cease and desist notice claim the image was a flag symbol? Can't the government employee charged with enforcement tell the difference?
From the cease and desist notice we see that there is no mention of the proximity of the flag and the page title. The issue at that point is the flag image.
Now the federal government changes it's story...
Ok, So you say it must be the text next to the flag. On the what's new page for the site... as taken from Google Cache, we can see the flag is in the left margin, and the text is centered. The text is not next to the flag and the goverment maintained it was also an infringement. And again, the background is red, so the image is a flag and not a flag symbol.
Doesn't hold water either. It's not a flag symbol and the placement of the text doesn't matter. The question remains... why was this site singled out? Is this what is possibly in store for anybody who becomes vocal about governmental policy?
Worse still is the fact that representatives of the government of Canada are making fraudulent claims of trademark infringement based on the fact that the government has chosen a logo, that can't be easily distinguished from a Canadian flag. So for all practicle purposes, the government has the exclusive rights to the display of the Canadian flag.
It is my contention that it is the government of Canada, which their flag look-a-like logo and their claim to exclusive rights to such, that are infringing on the trademark of the people of Canada, and the government of Canada should immediately cease and desist all use of this image.
Actually Ms. Ovens stated the stylized maple leaf was also a protected symbol.
Dear Mr. Hanley, first of all I would like to thank you for the interesting pictures you provided which display the Canadian flag symbol in various formats on commercial products. As mentioned in our recent conversation about the trade-mark infringement evidence on the Forces Canada Internet site, notices are provided in cases where trade-mark infringements are confirmed. I have contacted Pat Hagen in this regard. Concerning the particulars discussed, the flag symbol of the Government of Canada is registered under Sections 9(1)(n)(e) and 9(1)(n)(iii) of the Trade-marks Act.
The Maple Leaf design is registered under Section 9 (1)(i). A registered trade-mark gives exclusive right to use the mark across Canada
Sorry but that was not the site in question.
That is the international website. The complain was against the http://www.forces-cdn.com/ which is the Canadian chapter. Check your facts first.
Ms. Jan Ovens, to which I have directly asked what were the rules, was unable to say. Her demand was to remove all flags from the website.
In addition, I have provided links to her on various websites which display the canadian flag, and again she was not able to say which were legal, and which weren't. Her remarks were the restating of Section 9 of the trademark act, and Article 6ter of the Paris Convention for the protection of industrial property. She did say that the "Canadian Flag was THE global identifier of the Government of Canada". I have asked her what was the global identifer of the citizens of Canada, and again she was unable to say.
Transcript of messages to Ms. Jan Ovens, Federal Identity Directorate. http://canadianflag.org/reqinfo.html
I think if you will view the screenshot, you will notice this does not bare any resemblence to a Government site. http://canadianflag.org/images/canadaforces.jpg
US GOvernment sites do not depend on old-glory to identify them as an official government site. Most federal offices have their own logos. I guess they also better ban it's citizens from flying flags over their offices or homes, since a Canadian Federal employee might accidentally mistake it for a federal building and enter it without a warrant.
As to the question, maybe some Canadians have some patriotic feelings.
Slashdot Mirror
In the article federal spokesman Shawn Dearn stated "The flag symbol is two red stripes (or black if printed on a black-and-white printer) with an 11-point maple leaf centred between the stripes, The national flag, on the other hand, is two red stripes with a white square containing an 11-point red maple leaf in the centre. The difference arises only when the two are printed on non-white paper, or when words are placed next to the flag"
From the screenshot We can see that the flag is on a red background, which if it was a flag symbol, then the area around the maple leaf would be the lighter shade of red as the background.
This leads us to ask why did the cease and desist notice claim the image was a flag symbol? Can't the government employee charged with enforcement tell the difference?
From the cease and desist notice we see that there is no mention of the proximity of the flag and the page title. The issue at that point is the flag image.
Now the federal government changes it's story...
Ok, So you say it must be the text next to the flag. On the what's new page for the site... as taken from Google Cache, we can see the flag is in the left margin, and the text is centered. The text is not next to the flag and the goverment maintained it was also an infringement. And again, the background is red, so the image is a flag and not a flag symbol.
Doesn't hold water either. It's not a flag symbol and the placement of the text doesn't matter. The question remains... why was this site singled out? Is this what is possibly in store for anybody who becomes vocal about governmental policy?
Worse still is the fact that representatives of the government of Canada are making fraudulent claims of trademark infringement based on the fact that the government has chosen a logo, that can't be easily distinguished from a Canadian flag. So for all practicle purposes, the government has the exclusive rights to the display of the Canadian flag.
It is my contention that it is the government of Canada, which their flag look-a-like logo and their claim to exclusive rights to such, that are infringing on the trademark of the people of Canada, and the government of Canada should immediately cease and desist all use of this image.
Sorry but that was not the site in question. That is the international website. The complain was against the http://www.forces-cdn.com/ which is the Canadian chapter. Check your facts first.
Ms. Jan Ovens, to which I have directly asked what were the rules, was unable to say. Her demand was to remove all flags from the website. In addition, I have provided links to her on various websites which display the canadian flag, and again she was not able to say which were legal, and which weren't. Her remarks were the restating of Section 9 of the trademark act, and Article 6ter of the Paris Convention for the protection of industrial property. She did say that the "Canadian Flag was THE global identifier of the Government of Canada". I have asked her what was the global identifer of the citizens of Canada, and again she was unable to say. Transcript of messages to Ms. Jan Ovens, Federal Identity Directorate. http://canadianflag.org/reqinfo.html I think if you will view the screenshot, you will notice this does not bare any resemblence to a Government site. http://canadianflag.org/images/canadaforces.jpg
US GOvernment sites do not depend on old-glory to identify them as an official government site. Most federal offices have their own logos. I guess they also better ban it's citizens from flying flags over their offices or homes, since a Canadian Federal employee might accidentally mistake it for a federal building and enter it without a warrant. As to the question, maybe some Canadians have some patriotic feelings.
No just flags. To see a screenshot of the way the page looked prior to removing the flags go to http://canadianflag.org/images/canadaforces.jpg