The Alberta government may face a legal challenge from a New Brunswick business over the use of a trademarked phrase from “O Canada.” Premier Danielle Smith recently introduced six potential designs for new license plates in Alberta, all featuring the slogan “Strong and Free,” which coincides with a trademark held by a New Brunswick business, Strong & Free Emblem, Inc.
Denise Dow, the founder of Strong & Free Emblem, Inc., explained that the phrase “Strong and Free” resonates with Canadian identity and values, leading her to establish her business. The trademark, approved in 2022, covers various products like clothing, hats, and license plates bearing the distinct design of three red maple leaves and the words “Strong & Free.”
Following Alberta’s plate announcement, Dow received inquiries from customers prompting her to seek legal advice on protecting her trademark. She expressed a desire to reach an agreement with Alberta to use the trademark by paying a nominal royalty, with a portion going to charity.
Despite attempts to contact Alberta officials for comment, no response was received. The slogan on the license plates is a translation of Alberta’s Latin motto, “Fortis et Liber,” symbolizing the province’s strength and unity within Canada.
Legal expert Norman Siebrasse highlighted the importance of a trademark’s distinctiveness and brand identification, suggesting that potential confusion between the New Brunswick company’s souvenir plates and Alberta’s official plates could be a key aspect in any legal dispute.
While Dow acknowledged the need to defend her trademark, she emphasized the importance of resolving such conflicts amicably, given the significant investment she has made in building her brand for the benefit of her family’s future.
