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3 June 2019Trademarks

Far-right website sues over ‘Make Canada Great Again’ hats

Controversial Canadian politics website The Rebel Media has launched a trademark infringement suit against North America’s oldest company over the use of the slogan “Make Canada Great Again”.

According to a complaint filed in the Federal Court of Canada, The Rebel News Network, which publishes The Rebel Media website, has alleged that Hudson’s Bay Company (HBC), based in Canada, has sold hats which infringe the political outlet’s trademark for the slogan.

The Rebel Media, or The Rebel, has courted significant controversy in Canada for its far-right content. The website publishes commentary on political and social issues through a newsletter and regular video content. Its contributors have included Gavin McInnes, founder of the self-described “Western chauvinist” Proud Boys group, and British white nationalist Tommy Robinson.

Founder Ezra Levant has been heavily criticised by Jewish and Romani community groups for racist remarks, which prompted an apology from Levant’s former employer The Sun News Network.

HBC operates a chain of department stores across Canada with major outlets in Toronto, Montréal, Vancouver and Calgary.

According to the lawsuit, filed May 24, the Hudson’s Bay department stores sell and promote hats bearing the slogan “Make Canada Great Again”.

The Rebel News Network registered the slogan as a Canadian trademark in March this year, in classes 16, 18, 21, 25, and 35. The goods and services covered by the mark include clothing items such as t-shirts and hats.

The website claims that it has built up significant goodwill in Canada through its use of the slogan. According to the suit, The Rebel has used the mark extensively for goods and services such as bumper stickers, lawn signs stationery and clothing items including hats.

“As a result, the ‘Make Canada Great Again’ registered trademark is recognised throughout Canada as distinguishing [The Rebel’s] goods and services from those of others,” the complaint said.

The Rebel claimed that Hudson’s Bay is passing off the hats as products associated with the network.

According to The Huffington Post, Hudson’s Bay ceased selling the hats last October after online criticism from customers who noted the slogan’s association with the so-called “alt-right” movement in the US.

Yet in the suit, The Rebel claimed that Hudson’s Bay was likely to continue its alleged infringement unless restrained by the court.

The Canadian website is seeking damages in excess of CAD$50,000 (US$37,023).

In a statement sent to WIPR, Levant, who serves as president of Rebel Media, said that Hudson’s Bay had “repeatedly counterfeited our IP, including after their violations were brought to their attention”.

“Unfortunately, it seems that only litigation will address our legitimate concerns,” Levant added.

WIPR has Hudson’s Bay Company for comment.

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12 December 2018   The YouTube account of Vice co-founder and Proud Boys creator Gavin McInnes has been banned from the platform for copyright infringement.