No trademark concerns over who owns ‘Strong and Free’: province

Alberta plans to change the slogan on licence plates from Wildrose Country to Strong and Free, but a New Brunswick woman has owned the trademark for the term.

A woman from the Maritimes might already own the rights to licence plates with “Strong and Free” written on them but the Alberta government says that doesn’t affect their move to change provincial plates.

Denise Dow of Saint John, N.B., began her company, Strong and Free Emblem Inc., in 2007. She told CTV News Edmonton that she chose the domain name for its strong patriotism.

“We’ve been doing this for a very long time, and I’m absolutely delighted that ‘Strong and Free’ is now becoming mainstream,” she said in an interview on Thursday.

“In 2007, it really wasn’t something that was out in the public domain very much at all.”

Dow began receiving messages about possible trademark infringement after the Alberta government announced earlier this month it would redesign licence plates and change the slogan at the bottom to “Strong and Free.”

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On the federal government’s official list of registered trademarks, Dow’s active domain encompasses everything from decorative magnets to belt buckles.

It also includes metal licence plates and licence plate covers.

When asked about possible trademark infringement during an interview on Wednesday, Dale Nally, the province’s red tape reduction minister, said the government wasn’t concerned and “encouraged” Dow to “keep promoting” the motto.

“We spoke to our lawyers. There’s no copyright infringement,” he said.

Alberta’s motto also happens to be Fortis et Liber, which is Latin for “Strong and Free.” This, some lawyers say, can cause confusion over whether the new licence plates warrant any legal action.

Trademark lawyer Robert Nissen said it’s not impossible for a public body like the provincial government to infringe a private trademark, but the government could have a few counter-arguments should they be called on it.

For example, he said, the province could argue their use is “ornamental” as opposed to “trademark,” or that they were simply referring to Alberta’s motto.

“A court would likely be reluctant to restrict the province in using its historical motto, even on a licence plate” he said.

Dow says she’s only looking for a nominal fee for the use of her trademark, said a portion of it would go toward Alberta charity and hoped it wouldn’t come down to a court fight.

“I’m a glass-half-full kind of person,” she said.