Also common this time of year? Poppy products sold online are not legion approved.
It’s a growing problem for the organization, which has trademarked the poppy image.
“It’s extremely disappointing,” said Nujma Bond, the legion’s national spokeswoman. “It happens every year around this time where we have a lot of fraudulent websites and people coming up with various poppy related products.”
Royal Canadian Legion national representative Nujma Bond said the organization is seeing a sharp increase in unapproved poppy products for sale this year. (Brian Morris/CBC)
These products range from pins to clothing and even cookies and donuts, Bond says.
This year, he says the legion has seen nearly triple the number of unapproved products compared to 2021.
“We have close to 1,600 breaches and those are the ones we know about,” Bond said, adding that she’s not sure what’s behind the spike.
Trademark Poppy
The legion’s website notes that the organization has branded the image of the poppy to “preserve” it as a symbol of remembrance. According to the website, the commemorative poppy cannot be used “on consumer goods such as products, apparel, artwork or memorabilia or their packaging,” without permission. Bond said that while some retailers may have good intentions and want to donate some of their proceeds to the legion, that’s not always the case. “I feel like it’s an insult to those who served, who serve and died for our country,” Mike Turner said. He served in the military for eight years and now helps organize the poppy campaign at a Royal Canadian Legion branch in Toronto. Mike Turner, who served in the Canadian Armed Forces and is now with the Royal Canadian Legion in Toronto, says he feels disrespected when he sees unapproved poppy products for sale online. (Hugo Levesque/CBC) “If this item is being sold for personal benefit or personal profit, then it’s not going to go back to supporting veterans or supporting the troops or supporting people who may from time to time need some support.” Turner said while not all veterans need help, some are dealing with PTSD, while others may not have a home or enough food to eat. “What’s being lost is funds that have the potential to change the lives of some of these people” Bond said when the legion finds a product that isn’t authorized often, the retailer will remove it, but that process can be difficult if the seller is overseas.
Online Poppy Products
Etsy did not respond to CBC’s request for comment. An eBay spokesman, Leslie Walsh, said the company is reaching out to the legion to let them know about a program that helps remove copyrighted items. “With the input of the Royal Canadian Legion, we can move quickly to remove such listings.” “In this case, we have removed products that allegedly infringe the Royal Canadian Legion’s poppy trademarks and apologize for any inconvenience this may have caused them.” People place poppies at the Tomb of the Unknown Soldier at the National War Memorial after the National Remembrance Day Ceremony in Ottawa, Thursday, Nov. 11, 2021. The legion said anyone wanting to use the poppy should first check with the organization. (Justin Tang/The Canadian Press)
The trademark owner must use the police
When it comes to protecting a trademark, law professor Florian Martin-Bariteau said it’s up to the owner to “police usage.” WATCHES | Legion has a trademark on the memory poppy:
The Royal Canadian Legion is cracking down on unauthorized poppy sales
“They don’t have to do anything to control what’s being sold on the platform.” Once the online retailer is notified of trademark infringement, it said it will have to remove the product “promptly.” For those looking to create poppy-related products, the legion’s Bond said it’s best to contact the organization first. “We can help them and determine if it’s a product we could support.”
