Olympic and Paralympic Marks Act

Marginal note:Remedies

• 5 (1) If a court finds, on application, that an act has been done contrary to section 3 or 4, it may make any order that it considers appropriate in the circumstances, including an order providing for relief by way of injunction and the recovery of damages or profits, for punitive damages, for the publication of a corrective advertisement and for the destruction, exportation or other disposition

  • (a) of any offending wares, packages, labels and advertising material; and

  • (b) of any dies used to apply to those wares, packages, labels or advertising material a mark whose adoption or use is prohibited under section 3.

• Marginal note:Application to court

  (2) An application referred to in subsection (1) may be made

  • (a) during any period prescribed by regulation, only by

    • (i) an organizing committee, or

    • (ii) the COC or the CPC, or a person who uses an Olympic or Paralympic mark with the written consent referred to in paragraph 3(4)(a), if the COC, the CPC or the person, as the case may be, has obtained during that period an organizing committee’s written authorization to make the application, or has made a written request during that period to an organizing committee for its authorization to which the committee has not responded, in writing, within 10 days after receipt of the request; or

  • (b) during any other period, only by

    • (i) the COC or the CPC, or

    • (ii) an organizing committee, or a person who uses an Olympic or Paralympic mark with the written consent referred to in paragraph 3(4)(a), if the committee or person, as the case may be, has obtained during that period the COC’s or the CPC’s written authorization to make the application, or has made a written request during that period to the COC or the CPC for its authorization to which the COC or the CPC, as the case may be, has not responded, in writing, within 10 days after receipt of the request.

• Marginal note:No unreasonable refusal

  (3) The authorization may not be unreasonably refused.