The viral success of Ontario Premier Doug Ford’s “Canada Is Not For Sale” hat has sparked an unexpected legal battle between the Ottawa-based company behind the merchandise and a British Columbia retailer. Jackpine Dynamic Branding Inc., the creator of the patriotic caps, recently sent a cease-and-desist letter to Victoria’s Cutouts Canada over alleged trademark infringement, despite Jackpine’s trademark application remaining pending.
The “Canada Is Not For Sale” slogan gained prominence in January 2025 when Premier Ford wore a navy-blue cap embroidered with the phrase during a high-profile meeting with Prime Minister Justin Trudeau and other provincial leaders. The meeting addressed concerns about potential U.S. tariffs and remarks by U.S. President Donald Trump suggesting Canada could become the “51st state.”
Ford’s decision to wear the hat—a product of Jackpine Dynamic Branding, founded by Ottawa entrepreneurs Liam Mooney and Emma Cochrane—transformed the accessory into a national symbol overnight. Jackpine’s website (strongandfreehat.ca) saw…
an unprecedented surge in orders, with products ranging from $60 snapback caps to $115 hoodies selling out within hours of Ford’s appearance. A Formal Legal Notice On February 19, 2025, Cutouts Canada—a Victoria-based print-on-demand service specializing in customizable apparel—received a legal notice from Jackpine’s lawyers.
The letter alleged that Cutouts Canada’s products violated Jackpine’s pending trademark for “Canada Is Not For Sale” by selling items featuring a Canadian map with the phrase “Not For Sale” beneath it.
Legal expert Edward Peghin, Managing Lawyer at Pace Law Firm in Toronto, ON, Canada, notes that “a pending application does not grant exclusive rights until registration is complete.
However, under common law, Jackpine may still argue “passing off” if they can establish goodwill, deception, and damage.” What is a Cease-and-Desist Letter? A cease-and-desist letter is a formal warning rather than a legally binding order…
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