In applications to the Canadian Intellectual Property Office, the CHL describes itself as "professional." That might prove crucial in deciding if a class-action lawsuit can proceed.
When the Canadian Hockey League tries to convince the courts that its players are amateur athletes and not paid professionals, and therefore don’t deserve minimum wage, it may want to consult its own application for trademark with the Canadian Intellectual Property Office.
First, the news. None of this will be decided for another couple of weeks, Feb. 7 to be exact. That’s the day a Calgary judge will make a couple of crucial decisions. The first one will be whether the CHL will be granted a sealing order over all financial records, some of which the CHL made public media last week. The hearing for that was supposed to be held Tuesday, but has been pushed to Feb. 7, the same day the judge will decided if the plaintiffs have grounds to proceed with a class-action lawsuit.
Now, the context. The crucial question here is whether junior hockey players are amateurs or pros. Part of that answer might be contained in the CHL’s trademark application to the Canadian Intellectual Property Office, a document that is being used as part of another lawsuit in which the CHL is involved involving a trademark issue. The trademark was last renewed in 2014.
Here’s a list of all the goods to which the CHL applied to be able to trademark: Coffee mugs, shot glasses, drinking glasses, flat glass, water bottles, bubble gum, bubble gum cards, trading cards, hockey cards, buttons, caps, hats, gloves, hockey pucks, sponge pucks, picture pucks, jackets, mitts, pennants, scarves, shirts, jerseys, sleep wear, stickers, bumper stickers, toques, vests, running shoes, jean shirts, t-shirts, neon t-shirts, shirts, muscle shirts, crew neck shirts, cut off sleeve shirts, sweat pants, sweat shorts, bunny jackets, v-neck sweaters, shorts, hockey t-shirts, sweaters, pants, jackets, tank tops, badges, sew-on crests, stick-on crests, hockey sticks, goalie sticks, hockey uniforms, hockey jerseys, hockey pants, hockey gloves, socks, dolls, toy figures, cardboard collector board, board games, opera glasses (binoculars), sunglasses, paper weight holders, cartoon comic books, magazines, greeting cards, autograph sets, lithographs, posters, sports bags, wallets, rod hockey games, towels, adhesive bandages, first aid kits, bulletin boards, calculators, clocks, lamp shades, calendars, embroidered picture frames, magnets, neck warmers, oil dip stick cleaners, playing cards, stained glass window ornaments, sun visor radios, sweat bands, vinyl stickers, wood plaques, wristbands, infants’ and children’s short sets, leisure suits, shots, sweat shirts, turtlenecks, belts, buckles, coasters, ear muffs, flags, inexpensive jewelry, namely lapel pins, stick pins, pendants, charms, earrings, rings, tie racks, cuff links, leather bracelets, key fobs/key chains, foam fingers, noise makers, place mats, towels, watches, phone cards, hip pouches, knapsacks, license plate frames, miniature bells, money clips, spoons, pens, pencils, bottle cap openers, soap (namely deodorant soap, skin soap, toilet soap and liquid soaps for hand, face and body), game of hockey played with cards, radio earphones, videos, video games, arcade and pinball machines, snack foods (namely ice cream, hot dogs, soft drinks, hamburgers, candy and popcorn).
Wow, that’s thorough. Because you never know when every man in the world is going to lose his mind and begin using leisure suits as a fashion statement. As thorough as it was, though, under the Services portion of the application, the CHL is responsible for, “(1) Operation of a hockey league and entertainment services through participation in professional and amateur ice hockey contests, and promotion and benefit thereof…”
Hmmm. Professional and amateur ice hockey contests? Not exactly sure what that means, but you’d have to think the word professional gives you an idea of what the CHL thinks of its players. I mean, the word is right there, isn’t it? Professionals are not amateurs.
Another area that would go a long way to making a distinction would be whether or not the players receive earning statements such as T4 slips. Well, there’s where the picture gets murky. It seems players did receive them in the past, but in the past few years the standard player contract has been altered to reflect that players are being “reimbursed” or paid an “allowance” to offset their expenses of playing junior hockey. But according to one agent who is also a lawyer, the semantics might not matter.
“This isn’t the first time the issue has been raised,” said Anton Thun, who has represented OHL players for about 25 years. “The definition is something that is relevant, but I would say it would go by however it would be defined by the Employee Standards Act. And part of the problem is, the employment laws might be different if you play for the Erie Otters or the Flint Firebirds than they would be if you play in Ontario.”
The good thing is, there’s only two more weeks of sleeps before we might start getting some answers to these questions.