February 2020 Charity & NFP Law Update

Terrance S. Carter

Essential Trademark Issues for Charity and Not-For-Profit Lawyers

For registered charities and other not-for-profits, their trademarks may be one of the most valuable assets that they own. As such, failure to protect such assets could have serious consequences for the directors of those organizations as well as for the organizations themselves. For instance, with regard to charities, the common law places a high fiduciary duty on directors to act as trustee-like stewards of the charitable property entrusted to them and to take reasonable steps to protect those assets. For this reason, it is important that directors of charities, as well as not-for-profits, understand the appropriate steps that are involved in protecting the organization’s trademarks. To avoid the situation where a charity or not-for-profit is precluded from addressing an intellectual property challenge because the appropriate steps were not taken in a timely manner, it is important for a lawyer when initially consulting with a charity or not-for-profit to identify.

This paper was prepared for the Ontario Bar Association’s Institute 2019: Audits, Working with Indigenous Communities, and Key Updates in Charity and Not-For-Profit Law. To reference the full paper, see 'Essential Trademark Issues for Charity and Not-For-Profit Lawyers.'

Read the February 2020 Issue

Competition Bureau’s Role in Digital Advertising: Implications for Charities and Not-for-Profits
CRA News
-  Excise and GST/HST News No. 107
-  CRA Introduces Digital Processes for Authorizations
-  CRA Charities and Information Sessions and Webinars
CAGP Provides Update on Gifts of Life Insurance in B.C.
Legislation Update 
-  Bill C-7, An Act to amend the Criminal Code (medical assistance in dying)
-  Ontario Bill 175, Connecting People to Home and Community Care Act, 2020
-  Ontario Bill 136, Provincial Animal Welfare Services Act, 2019 Now Proclaimed
Donation Receipts Signed by and in Favour of Charity Officer Denied
Tax Court of Canada Rejects Charitable Donation Scheme… Again
Ontario Court Rules on Trusts in Scouts Land Ownership Dispute
One Incident of Sexual Harassment Justified Termination for Cause
BC Court Finds Indigenous Ceremonies in School Did Not Violate Freedom of Religion
Ministry of Health Revokes its Hospital Naming Directive
Recent Issues in Privacy: Case Law Update
New Canadian UDRP Provider for Resolving Domain Name Disputes
Anti-Terrorism/Money Laundering Update 
-   Further Amendments to Regulations under the PCMLTFA
-   US 2020 National Strategy for Combating Terrorist and Other Illicit Financing
-   UN Working Paper on Impact of Counter-terrorism Legislation on Humanitarian Action
Essential Trademark Issues for Charity and Not-For-Profit Lawyers
Theresa L.M. Man Named to CRA Technical Issues Working Group