TORONTO, April 19 /CNW/ - It has been 2 1/2 years of expensive legal
debate, wasting resources, to get back a Brand that has raised over 4 million
dollars and impacted the lives of over 500 Canadian athletes. The Charity
currently called Canadian Athletes Now Fund was notified October 13, 2004 that
the Canadian Olympic Committee had filed to adopt the Charity's Brand: See You
In Torino, See You In Beijing, and See You In Vancouver.
A decision that was handed down yesterday April 18, 2007 by The Federal
Court has granted the Charity's application for judicial review with costs and
has quashed the COC claim to the trade marks. "This is a great victory for our
Fund," says Jane Roos, Executive Director of the Canadian Athletes Now Fund.
"We won in the court but no one really wins here because it has been
distracting and such a waste of energy having to win your own name back."
At the time the COC requested the Registrar of Trade-marks publish the
marks as official marks under Section 9, the COC represented that they had
used the marks which is a requirement under the trade marks act. When
challenged by Roos and her legal team in a judicial review application, the
COC had to provide actual evidence that they had used the marks as they had
represented and were unable or unwilling to do so. "This case sets a
precedent," says Terry McManus, Business and Intellectual Property Lawyer,
Milton Geller LLP. "As the Court now requires the Registrar of Trade Marks
demand actual proof of adoption and use rather then taking an applicants word
At the time the Fund was forced to change its name to the Canadian
Athletes Now Fund to continue its mission of providing direct funding to
Canadian athletes. Roos adds, "Now we can focus our full attention on our key
stakeholders, our Canadian athletes. With over 300 athletes on our current
waiting list and 4 million dollars to raise this year, it is nice to have this
About the Canadian Athletes Now Fund
The Canadian Athletes Now Fund is a not-for-profit organization devoted
solely to raising money and awareness for Canada's amateur athletes.
Celebrating its 10th anniversary, the Fund has helped over 500 Canadian
athletes prepare for international summer and winter competitions. Canadian
athletes allocate this direct financial support to their training, coaching,
nutrition and living expenses. For every contribution over $25 a tax receipt
is issued and the donor finds out which athlete they have supported.
For further information:
For further information: Jane Roos, Canadian Athletes Now Fund, (416)
487-4442, 1-866-937-2008, Cell: (416) 706-4824; Terrance J. McManus, Milton
Geller LLP, Business and Intellectual Property Law, (613) 567-7824 (ext 234),
cell (613) 797-1567