17 June 2015

Reasonable Propositions: Signs of the Times


If descriptors for international trademarks are unnecessary in France, they are unnecessary in Quebec.

There is such an exemption in Bill 101 because the drafters knew it was ultra vires. 

Trademarks are federal, therefore ultra vires of Quebec.

This can be read into the judgement in April 2015 by Quebec Superior Court Judge Michel Yergeau

It is not, as Couillard opines, "a question of politeness". It is a question of law.

If companies wish to add descriptors, and dilute their brands, they are free to do so. But they must not be compelled to do so.

It is heartening that some companies have resisted doing so, to protect their intellectual property.

If descriptors are necessary for international companies, then they must be for Canadian and Quebecois ones as well

"perhaps it’s time for these same retailers to consider the signs that their customers encounter after they enter a store. "
'Bill 101 requires that product descriptions, as well as advertising in catalogues and flyers, be printed in French.'  As modified by the Supreme Court, it also allows other languages, as long as French is predominant.  Although such sentiments are mostly irrelevant in law, as evidenced by polling most francophones would tolerate 'other' languages on signs.
A store is under no obligation to provide translations.

people are already free to boycott over language

companies are already free to designate as they wish now, restricted or not


political more than legal

an irritant to business

will be challenged

no scientific basis that it will protect French

bad discourse is more detrimental than bad laws

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