Licensing agency doesn’t have to repudiate Anne of Green Gables trademarks
A licensing agency formed in partnership with the Prince Edward Island government won’t be forced to give up control over several Anne of Green Gables trademarks. On December 20, a Federal Court of Canada judge dismissed a motion for partial summary judgement against Anne of Green Gables Licensing Authority (AGGLA) by television production company Sullivan Entertainment Inc. Sullivan brought the motion as a pre-emptive strike against the AGGLA, which Sullivan fears will interfere with the upcoming distribution of its new Anne of Green Gables, The Continuing Story – an animated series with associated merchandise. Sullivan had claimed that the AGGLA is not a public authority entitled to trademark protection under parts of the Trademarks Act, since it was a third-party partnership between the P.E.I. government and some of Lucy Maud Montgomery’s descendents. The judge ruled that the matter was too complex to decide on a motion for summary judgement. Sullivan did not want to argue whether AGGLA was a "public authority," while the judge held that this issue was fundamental and had to be argued – at trial. The case was argued by Osler, Hoskin and Harcourt’s Lee Webster and Randy Pepper for Sullivan, and Roger Hughes and Trent Horne of the law firm Sim, Hughes, Ashton & McKay for the AGGLA.