Did you buy poppies online?Could be one of hundreds of unauthorized products

Royal Canadian Legion red poppies are a common sight in stores and collars across Canada, leading up to Remembrance Day.

Is this time common? Poppy products sold online that are not endorsed by the Legion.

This is a growing problem for organizations that have trademarked poppy images.

Nujima Bond, the Corps’ national spokesperson, said it was “extremely frustrating.” “At this time of year, many fraudulent websites and people come up with various poppy-related products.”

Their products range from brooches to clothing to even cookies and donuts, says Bond.

She said the number of unlicensed products has almost tripled this year compared to 2021.

“We have nearly 1,600 violations and those are the ones we know of,” Bond said, adding that he didn’t know what was behind the spike.

poppy trademark

According to the Legion’s website, the organization has trademarked the poppy image to “protect” it as a commemorative symbol.

According to the site, memorial poppies cannot be used on “consumer items such as products, apparel, art, souvenirs, or their packaging” without permission.

Bond said some retailers may have good intentions and want to donate a portion of their profits to the Legion, but that’s not always the case.

“It feels like an insult to those who served and died for their country,” said Mike Turner. He served in the military for his eight years and now helps organize the Poppy Campaign at the Royal Canadian Armed Forces Branch in Toronto.

“If the item is being sold for personal gain or personal gain, it is supporting veterans, supporting the military, or sometimes helping people in need of some assistance. will not.”

Not all veterans need help, Turner said, but some are dealing with PTSD, others don’t have a home or enough food.

“What is lost is funds that have the ability to change the lives of these people.”

Bond said retailers often take down unlicensed products when legionaries find them, but the process can be difficult if the seller is overseas.

online poppy products

CBC News has found dozens of poppy products on Etsy, eBay and Amazon’s Canadian sites that appear to infringe on Legion’s trademark.

Etsy did not respond to the CBC’s request for comment.

eBay spokesperson Leslie Walsh said the company has reached out to Legion to inform them of a program to help remove copyrighted items.

“With input from the Royal Canadian Corps, we can move quickly to remove such listings.”

An Amazon spokesperson responded to the CBC by email, saying Amazon respects the intellectual property rights of others.

“In this case, we have removed the product allegedly infringing the Royal Canadian Region’s Poppy trademark and apologize for any distress this has caused.”

Trademark owner must use by police

As for trademark protection, law professor Florian Martin Barriteau said it was up to the owner to “crack down on its use.”

Martin Barrito, a professor at the University of Ottawa and a fellow at Harvard University, said that when an online retailer like Amazon acts as an intermediary, that is, when a product is sold by a third party, ” No responsibility,” he said.

“You don’t have to do anything to control what is sold on the platform.”

He said online retailers should remove products “in a timely manner” when they receive notice of trademark infringement.

Legion’s Bond said it would be best for people wanting to make poppy-related products to contact the organization first.

“We can help them determine if it’s a product we can support.”