Ottawa Company Behind 'Canada Is Not For Sale' Merch Sends Legal Warning to B.C. Retailer

The company behind the "Canada Is Not For Sale" merchandise, popularized by Ontario Premier Doug Ford, has sent a cease-and-desist letter to a B.C. retailer, demanding it stop selling similar designs amid an ongoing trademark application battle.

The notice was issued by Jackpine Dynamic Branding Inc., an Ottawa-based firm, to Cutouts Canada, a Victoria-based print-on-demand retailer that sells custom T-shirts, stickers, and tote bags.

According to the letter, Jackpine claims exclusive rights to the phrase "Canada Is Not For Sale" and alleges that Cutouts Canada’s designs violate their pending trademark application.

B.C. Retailer Shocked by Legal Threat

Bartoz Boz, the owner of Cutouts Canada, said he was caught off guard when he received the legal warning last Thursday.

"I basically had a minor panic attack right in the shop," Boz told CBC News.

He argues that his merchandise does not include the full phrase "Canada Is Not For Sale," but rather features an image of the map of Canada with the words 'Not For Sale' beneath it.

Trademark Still Under Review, But Legal Threats Possible

Jackpine’s trademark application for "Canada Is Not For Sale" is still under review by Canadian authorities.

Despite this, their cease-and-desist letter argues that the brand has already established goodwill and reputation, particularly after Doug Ford wore one of their hats at a Jan. 15 press conference amid U.S. tariff threats.

The letter claims the public attention generated by Ford’s endorsement gives Jackpine legal grounds to protect its brand from “confusingly similar” trademarks.

Legal Expert Weighs In: Can You Enforce an Unapproved Trademark?

Trademark expert John Simpson, a Toronto-based lawyer, says that while Jackpine has not yet secured official trademark rights, it can still attempt to protect its brand under common law trademark rules.

"If I've established goodwill and reputation in association with the trademark and you are using it in a way that is confusing ... then I can sue you for passing off, which is sort of infringement of an unregistered trademark," Simpson explained.

However, trademark applications can take up to two years for approval, meaning Jackpine’s claim has not yet been formally recognized.

Resolution Reached, But Other Businesses Affected

Boz said he removed any mention of "Canada Is Not For Sale" from his website, after which Jackpine’s law firm confirmed the matter was closed.

Still, Boz says he has heard from other small businesses that also received similar cease-and-desist warnings from Jackpine.

"For them to just be so aggressive, really, is just disingenuous," he said.

"This is a time when Canadians should be coming together, not threatening each other over patriotic slogans."