The township will not push ahead with a legal trademark infringement case for its Butter Tart Trail.
Economic development marketing and promotion manager April Marshall had initiated a possible infringement case after Kawartha recently launched its own butter tart-related promotion.
Marshall told economic development committee members and council members at the committee meeting on June 19 the township was looking at whether there had been infringements on the Butter Tart Trail trademark, registered at the time of its launch.
“When the Butter Tart Trail was created in 2006 Wellington North put a trademark on it,” she said.
The intention of the trademark was to prevent other groups from using similar marketing materials used through local and provincial promotional campaigns. Marshall discovered a possible infringement when she discovered a website for a “Butter Tart Tour” launched recently in Kawartha.
“We have a trademark on it for a reason and we’re trying to protect what we’ve worked for,” Marshall told the committee.
She said she has been in touch with Kawartha officials.
“Their response to us was it was never their intention to call it Butter Tart Tour,” she said. “They’re willing to discuss what can be done to eliminate public confusion.”
Since its launch, the Butter Tart Trail has won several provincial and national awards, including the Economic Development Council (EDCO) 2007 Award and three Economic Developers Association of Canada (EDAC) Marketing Canada Awards.
Council has been cautious about launching any legal action. Councillor Dan Yake raised the issue at the last council meeting, wanting clarification about steps taken to launch legal action. A similar concern was raised by councillors at the economic development committee meeting.
Mayor Ray Tout said he didn’t believe the Kawartha tour would impact the local tour because of the distance between the two municipalities. However, he added, he would like to see “The Butter Tart Trail grow.”
“I think you’ve given them warning,” the mayor said. “I greatly appreciate you brought it to their attention.”
Councillor Sherry Burke wanted to know how the township would proceed.
“I would be more interested in finding out what’s the next step,” she said. “If we want to put a little more pressure on them, I’d like to see where we can go.”
Councillor Andy Lennox said taking stronger action would require more information on The Butter Tart trail in terms of value to the township. He defended the trademark.
“We have to discuss what’s the value, the cost to come up with a good decision,” he said of any council decision to pursue stronger action. “I feel it’s ours, we have to defend it, but we have to be practical too.”
Treasurer and acting CAO Mike Givens agreed with Lennox.
“We have to establish what we are defending and is it worth going further,” he said.
The issue is expected to come up again at council.
