CJC menorah case successful

Canadian Jewish Congress (CJC) has won its case in court. Canadian Federal Court has ruled that the Chosen People Ministries (CPM) does not have the right to register a stylized menorah as a protected official mark. This would have allowed the Jews for Jesus-type group to use the symbol on all its services and wares and, potentially, prevent other organizations from doing so.

"The menorah, the ancient seven-branched candelabrum, is one of the most hallowed emblems of the Jewish faith and the shared symbol of Jews around the world," said Jonathan Kroft, CJC national community relations vice chair. "The court ruling ensures that no single organization can claim the menorah as its exclusive property and that the menorah's use most certainly cannot be denied to synagogues, Jewish organizations and Jewish persons."

"The successful opposition to the granting of official mark status to CPM's menorah is a victory for CJC's ongoing efforts to counter those specifically targeting Jews for conversion to Christianity," added Keith Landy, CJC national president.

CJC was in Federal Court in late April 2002, challenging CPM's attempted appropriation. On May 29, the court issued its decision. Arguments put forward by CJC's lawyers were accepted in full.

CPM's application, first submitted in December 1997, was only approved in November 1999, after the registrar of trademarks had rejected it on three prior occasions. CJC took CPM to court as a result, seeking an annulment of the registrar's decision.

Canadian Jewish Congress sought a judicial review of the registrar's ruling on three grounds:

1. Chosen People Ministries deliberately creates the misperception of Jewish affiliation through its misappropriation of Jewish religious symbols (such as the menorah), holidays, traditions and terminology, all to deceptively facilitate its campaign of conversion.

2. The granting of "official mark" status to CPM's menorah has the potential of excluding others (including synagogues, Jewish organizations and Jewish persons) from using as a mark any menorah deemed to resemble CPM's stylized design.

3. Only a "public authority" (either a governmental body or one closely related to a governmental body) is entitled to adopt an official mark and CPM is not a public authority within the meaning of the Trade-marks Act.

Benjamin Zarnett and Richard Naiberg of the Toronto law firm Goodmans represented Canadian Jewish Congress. Landy and Kroft praised the outstanding advocacy of Zarnett and Naiberg in successfully arguing CJC's case.

CJC also is opposing an application by CPM to trademark its menorah design. An official mark grants protection to its owner that is significantly broader than the rights granted by a trademark.

– Courtesy of Canadian
Jewish Congress

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