Mon Dieu: Canada est Bilingue!

It’s a good thing that old Montreal is so darned charming because doing business there can cause some retailers a headache!  When launching a product or business in Canada it is important to remember that Canada is a bilingual country.  And it can be a PR and legal nightmare if you forget it! 

The Charter of French Language’s goal is to strengthen the status of the French language in Quebec in all spheres of public life, including business and commerce.  You don’t have to have a brick and mortar presence in Quebec in order for the Charter to apply.  It’s safe to say that if your product is available for sale in Quebec in any way (online, through a third party retailer or at your own retail location), the Charter applies.  French should be used in respect of product wrapping, manuals, websites, advertisements, posters, store fronts, etc.   How the French version is displayed (i.e. prominence) varies depending on the medium. 

The Charter contains some exceptions, which can make the application of the Charter clear as mud.  Generally, if an English version of a trade-mark is registered in Canada, you are not required to use the French equivalent.  However, this exception is currently under challenge.

The Office Quebecois de la langue francaise (“OQLF”) is the body tasked with ensuring compliance with the Charter of French Language in respect of commerce and business.  The OQLF cannot sue or impose fines for violations; however, it can refer the matters to the Attorney General of Quebec which can bring the matter before Quebec’s provincial court.  Generally, penal sanctions are awarded for infractions which can range from $600 to $20,000.  The fines are generally imposed per non-compliant product type, as opposed to item being sold.

In November 2011, the OQLF launched an awareness campaign and tightened its grips on storefront signs requiring French to be used, regardless of the above-noted trade-mark exception.  The OQLF targeted a number of national retailers demanding their exterior signage to be changed.  Collectively, retailers such as Old Navy, Banana Republic, Guess and Gap sought declaratory relief from the Quebec Superior Court.  The Retail Council of Canada is also rolling up its sleeves as an intervener.  It looks like Quebec will remain a retailer’s battleground for 2013!

Stay tuned to CanadaFashionLaw for updates on this!

Toronto Fashion Week - March 2013

Ladies and gentlemen.  I have a little Valentine's Day gift for you, albeit one day late.  Toronto's fashion week, World's MasterCard Fashion Week, has issued its schedule for the Fall/Winter 2013 line.  For full details, go to http://worldmastercardfashionweek.com/calendar/. 

 

We continue to see some recurring talent (Pink Tartan, Joe Fresh, Vawk, Bustle, Rudsak, Sid Neigum), which is fantastic!  It's also great to see crowd-pleasing Korhani return to the catwalk.  (Korhani is actually a carpet and rug designer that uses Toronto's fashion weeks to show case how beautiful their carpet designs are.  The sheer creativity is impressive!) 

 

A special shout out goes to Toronto Fashion Incubator and Fashion Group International, who both made it on to the official schedule.  Toronto Fashion Incubator is hosting two Press and Buyer lunches; Fashion Group International is co-hosting a speed networking event.  CanadaFashionLaw regularly supports both organizations and delights in seeing them try to raise Canada's fashion industry to the next level.

 

Let us know if you're going to be at any of the shows.  We hope to see you there!

Fashion Tidbits

After a little hiatus, CanadaFashionLaw is back and, mon dieu, do we have some stuff to chat about! 

 

1.  Galliano Makes a Come Back

 

You may recall Galliano's fall from grace after his MAJOR fashion faux pas - hurling racist comments.  (Click here if you need a reminder).  After two years of radio silence, Galliano may be making a come back.  Oscar de la Renta, the master of the red carpet, is allowing Galliano to use some of this studio space on a temporary basis.  It will be interesting to see whether Galliano will be accepted again. 

 

 

2. Christian Louboutin and Yves Saint Laurent Continue their Stomp Off

 

If you had the slightest interest in shoes, the colour red or fashion law last year, I'm pretty sure you heard about the Christian Louboutin v. Yves Saint Laurent case.  (Click here for all the juicy details).  Although the court released its decision and Louboutin chose not to appeal, this matter has not been put to bed.  As per the decision, Louboutin is required to amend the colour claim in its trade-mark registration.  The parties are now embroiled in a chain of letters to and from the US Patent and Trademarks Office about how exactly the colour claim should be revised.  Who said being a fashion lawyer wasn't fun? 

 

 

3. Ford Modelling Agency Closes its Toronto Office

 

In a surprise announcement, esteemed modelling agency Ford Models closed its Toronto office in January 2013.  Ford Models did not issue a press release and there is no indication as to why the Toronto office was closed.  Nonetheless, Toronto's competing modelling agencies were quick to swoop in to sign those models who had been signed to Ford Models.

 

4. CanadaFashionLaw Struts its Stuff

 

CanadaFashionLaw has some exciting things coming up.  If you're interested in getting up to speed on all things fashion, the following may interest you:

 

- We'll be featured in the style edition of The University of Toronto's alumni magazine talking about the bigger ramifications of counterfeiting;

 

- As a board member of the Toronto chapter of Fashion Group International, we'll be hosting a 4-part roundtable series on laws relevant to the fashion industry.

 

- In April, we'll be speaking at the John Marshall Law School in Chicago at their Fashion Law Society conference.

 

- In May, we're hosting a roundtable seminar at the International Trademarks Association's Annual General Meeting on fashion law, (which sold out on the first day.  That's right - we did a happy dance!)

 

If this is any indication, 2013 is going to be a busy year!

 

 

 

 

The Gift that Keeps on Giving

There are a couple of common themes here at CanadaFashionLaw:

 

1.                  We love the business of fashion

2.                  We seriously geek out over intellectual property, especially trade-marks

3.                  We love our job!

 

We attended an event last night that simply reaffirmed point numero three!

 

Once in a while an organization comes across our desk that makes us believe in humanity!  Billable targets go out the window and our strong desire to “make a difference” becomes our modus operandi.  Enter FINCA, who we work for on a pro bono basis.    

 

FINCA is an international micro-financing organization that focuses on providing “financial services to the world’s lowest-income entrepreneurs so they can create jobs, build assets and improve their standard of living”.  FINCA provides small loans at reasonable interest rates to individuals in developing countries that need a little help.  The vast majority of the loan recipients are women who are able to create their own business, which benefits their immediate family and the local economy.  It’s really a beautiful thing! 

 

As with all things, we’re able to tie this back to fashion.  (Fashion really is omnipresent in our world!).  Last night we attended a private event hosted by Burberry.  In support of FINCA, 15% of all profits of Burberry merchandise sales will be donated to FINCA.  In fact, this charitable offer is open to all customers up until Saturday December 8.  So if you’re in a festive and giving mood, perhaps consider buying your holiday presents at Burberry and dropping the name FINCA.  It may well be the gift that keeps on giving! 

Feeling the Burn

Unlike copyright and trade-marks, we don't often see fashion houses duke it out in the patent arena.  It's no surprise that the fashion world's interest was piqued when one of Canada's most successful athletic retailers, Lululemon, launched a patent design infringement case against Calvin Klein in the US. 

 

For those who had their bottle of bubbly chilled waiting for the outcome of the case, it appears that the bottle will stay corked.  Lululemon filed its Notice of Voluntary Dismissal today against Calvin Klein.  It's a pretty safe bet that the parties settled the matter - likely under confidential terms.  Although reaching a settlement is often the most cost effective and time efficient route for companies that are embroiled in litigation, it always presents a missed opportunity to set interesting case law for the fashion community. 

 

Stay tuned to CanadaFashionLaw for updates on other interesting cases.