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It's our logo and they can't have it
But the Forest City may not be able to keep its tree to itself if Lithuania wants to use its design.
By JOE BELANGER, SUN MEDIA
It's our logo and they can't have it
(MORRIS LAMONT, Sun Media)
The Forest City says it won't share its tree logo with a small east European country.
But despite London's objections, Lithuania could still use a similar tree logo for its brand.
"We will have the decision on Lithuania's brand issue on Sept. 5," said Jonas Ignatonis, head of Lithuania's department of tourism. "We still (need to) have some (legal) consultations."
London Mayor Anne Marie DeCicco-Best was surprised by the tiny nation's request, somewhat flattered and amused.
"Well, it's a different situation," said DeCicco-Best.
"I've never had a situation like that and I don't know how they discovered we had the same logo. But it's very unusual and I don't blame them wanting to use the tree. It's worked well for us."
The country of 3.4 million on the southeast shore of the Baltic Sea began a search for a logo in March.
A call for proposals drew 12 entries. The tentative winner was identified as a company called DDB Vilnius, whose entry includes the word for Lithuania and "Paprasta zalia," which means "Simple green."
The final selection was delayed when London's logo surfaced.
In mid-July, the department of tourism asked London if the Vilnius logo infringed on the city's logo and whether the city objects to Lithuania using it. The answer to both questions was yes.
After consulting with legal staff, London's city clerk Kevin Bain sent a reply letter on July 26 saying London would consider the proposed logo and its intended use as an infringement.
"We trust you understand our position with respect to this matter and our regret that we could not provide you with a more favourable response," Bain wrote.
The letter suggested Lithuania could appeal staff's decision to city council, an action not taken.
Meanwhile, the Lithuanian Graphic Design Association reviewed the logos and concluded they are similar but with major differences, such as the trunk shape.
A legal specialist at the University of Western Ontario said there's likely little London can do to stop Lithuania, short of registering its trademark around the world or launching a copyright complaint. "London's trademark only protects you in Canada, unless you've registered it in Lithuania," said Mark Perry, an associate law professor. "It really is tough luck for London."
But the Forest City may not be able to keep its tree to itself if Lithuania wants to use its design.
By JOE BELANGER, SUN MEDIA
It's our logo and they can't have it
(MORRIS LAMONT, Sun Media)
The Forest City says it won't share its tree logo with a small east European country.
But despite London's objections, Lithuania could still use a similar tree logo for its brand.
"We will have the decision on Lithuania's brand issue on Sept. 5," said Jonas Ignatonis, head of Lithuania's department of tourism. "We still (need to) have some (legal) consultations."
London Mayor Anne Marie DeCicco-Best was surprised by the tiny nation's request, somewhat flattered and amused.
"Well, it's a different situation," said DeCicco-Best.
"I've never had a situation like that and I don't know how they discovered we had the same logo. But it's very unusual and I don't blame them wanting to use the tree. It's worked well for us."
The country of 3.4 million on the southeast shore of the Baltic Sea began a search for a logo in March.
A call for proposals drew 12 entries. The tentative winner was identified as a company called DDB Vilnius, whose entry includes the word for Lithuania and "Paprasta zalia," which means "Simple green."
The final selection was delayed when London's logo surfaced.
In mid-July, the department of tourism asked London if the Vilnius logo infringed on the city's logo and whether the city objects to Lithuania using it. The answer to both questions was yes.
After consulting with legal staff, London's city clerk Kevin Bain sent a reply letter on July 26 saying London would consider the proposed logo and its intended use as an infringement.
"We trust you understand our position with respect to this matter and our regret that we could not provide you with a more favourable response," Bain wrote.
The letter suggested Lithuania could appeal staff's decision to city council, an action not taken.
Meanwhile, the Lithuanian Graphic Design Association reviewed the logos and concluded they are similar but with major differences, such as the trunk shape.
A legal specialist at the University of Western Ontario said there's likely little London can do to stop Lithuania, short of registering its trademark around the world or launching a copyright complaint. "London's trademark only protects you in Canada, unless you've registered it in Lithuania," said Mark Perry, an associate law professor. "It really is tough luck for London."
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