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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.
Frederik Andersen has mastered the art of stealing games, but he can't do it forever. The Leafs must play better in front of him to make the playoffs.
He’d faced more shots than all but one NHL goaltender this season. He owned a .928 save percentage over his past 30 appearances. And yet, Frederik Andersen sat alone at his dressing stall Thursday morning at the Air Canada Centre, minding his own business as reporters gathered around fresh Toronto lineup insertion Frank Corrado. Andersen quietly tended to his gear, collecting his thoughts, preparing for a game several hours later against the New York Rangers. It was a perfect portrait of a man best described as unsung in his first season starting in goal for the Maple Leafs.
This is the Year of the Kids, after all. It’s Auston Matthews’ year. It’s Mitch Marner’s year. It’s William Nylander’s year. Heck, Nikita Zaitsev, Connor Brown and Zach Hyman continue stealing headlines of their own. And Toronto boasts a few veteran success stories, too. Nazem Kadri has Selke Trophy voters circling him. James van Riemsdyk has been one of the NHL’s hotter scorers of late.
Andersen, we all know, struggled mightily in his first five games as a Leaf, posting an .851 save percentage and causing a mass panic in the headlines. But he worked out the problems with goaltending coach Steve Briere, who preached getting one’s mind off hockey when away from the rink, and Andersen realized he was forcing things, challenging shooters too much and not relying on his size.
“You want to have that belief that you know what kind of goalie you are,” Andersen said Thursday. “Luckily I had some experience in Anaheim before. I knew I could play at a high level and work through adversity like that. Me and Stevie had some things straightened out, some stuff in my game that needed to be corrected a little bit, and I got back to how I could play.”
He has indeed locked down his play since, and while pundits and social media members generally acknowledge that, it’s still unclear if Leaf Nation understands just how valuable Andersen has become to his team. At 6-foot-4 and 230 pounds, he’s more blocker than athlete, calm and efficient in his movements, meaning he’s less noticeable, not more noticeable, on his good nights. And maybe that’s why he’s overshadowed. He still doesn’t get recognized on the street all that often, even in hockey-mad Toronto.
“Sometimes, but nothing too much where you can’t go anywhere,” he said. “I can still go get a coffee, stuff like that. But you’re happy to take a second to say hi and make their day. So that’s really nothing that bothers me.”
Andersen, though, deserves as much credit as any Leaf for the team’s shocking 21-14-8 start, which puts them right in the thick of the Atlantic Division race with games in hand on almost everyone. Hockey-reference.com’s point share stat refers to how many points in the standings a player is responsible for based on his season performance. The only players owning more point shares than Andersen: Brent Burns, Devan Dubnyk, Sergei Bobrovsky and Cam Talbot. The stat naturally carries a goalie bias, but Andersen still ranks above the likes of Braden Holtby. Maybe that’s because Andersen has become a game stealer.
While the Leafs generate the third-most shots on goal per game at 32.7, they allow the fourth most at 32.8. Andersen gets pelted with rubber most nights. I created a stat: “stolen games,” which consists of performances in which a goalie makes 30 or more saves and his team wins by two goals or fewer. Andersen has accomplished that feat eight times this season. My unofficial NHL stolen games leaderboard:
STOLEN GAMES (30+ saves, win by two goals or fewer)
So only Price has stolen more games than Andersen according to the stat. But how many more times can Toronto, exciting as heck but still extremely leaky defensively, put Andersen in that position over and over and expect to challenge for a playoff spot? The New York Rangers blitzed him with 40 shots Thursday, four of which beat him. He made plenty of strong saves but couldn't withstand the onslaught.
“He’s been awesome all year, and we hung him out to dry on a few of those tonight,” said Leafs defenseman Jake Gardiner. “Definitely not going to blame him. He’s been great.”
Finding Andersen a proper backup has eluded the Leafs all season. Jhonas Enroth flopped. Curtis McElhinney is ticketed to play in back-to-backs. Coach Mike Babcock indicated before the season he intended for Andersen to start at least 60 games in 2016-17, but Andersen has already suited up for 36 of 43. That puts him on pace to flirt with 70. Felix Potvin holds the franchise’s single-season record for appearances with 74. Andersen’s career high is 54, with 53 starts. At what point might he wilt from all the work? Babcock isn’t concerned. He seemed irritated after Thursday's loss when asked about resting Andersen more in the second half of the season.
“No, not thinking of spelling him, not worried about his workload,” Babcock said.
If that’s the case, and the Leafs intend to keep trotting Andersen out there, they have to shore up their defense. They gifted the New York Rangers breakaways Thursday night, most notably on Michael Grabner’s shorthanded dagger that put the game out of reach in the third period. A playoff berth almost seems more likely than not at this point – but it will slip out of the Leafs’ hands if they keep letting Andersen’s crease become a shooting gallery.
“He’s been a stud for us,” said defenseman Roman Polak. “He’s been great all year, and because of him we’ve won lots of matches. When we play like that, it’s unacceptable. But we have to put it behind us, learn from that and keep going forward.”
The Canucks goaltender made 31 saves in a 4-2 loss at Chicago's United Center on Sunday.
Jonathan Toews’ goal with 1:18 remaining in the third period helped the Chicago Blackhawks double up the Vancouver Canucks 4-2 on Sunday night.
Toews put home the rebound off Richard Panik’s shot at 18:42 of the third period giving Chicago a 3-2 lead. Marian Hossa added his 18th, less than a minute later, into an empty net for the Blackhawks who have now won three straight.
Ryan Miller made 31 saves in the loss – his first regulation loss in 10 starts. Postgame Miller was none too pleased with the quality of the ice at Chicago’s United Center.
On the game winner, Panik's shot deflected off Alex Edler, bounced off the boards and to Toews, who buried his eighth of the season.
“That was the first flat puck all night,” Miller said per The Province. “This ice is the worst ice I’ve ever seen in my career. It was terrible and they’ve got to do something about it."
It was a milestone night for the Blackhawks. In addition to Toews’ seventh career four-point night, defenseman Brian Campbell picked up his 500th career point on Panik’s first period goal, Hossa’s empty netter was his 400th point as a member of the Blackhawks and Corey Crawford made 26 saves for his 200th career victory.
An already depleted Canucks blue line may be without the services of Edler. The veteran defenseman appeared to suffer a right wrist injury during the third period, but did finish the game.
“We have to wait and see, we are getting an update on him,” Canucks coach Willie Desjardins said per Jon Abbott.
Vancouver is already without defensemen Erik Gudbranson (wrist), Philip Larsen (concussion) and Ben Hutton (hand). Jordan Subban is the lone healthy blue liner on the Canucks active roster.
The Canucks continue their three-game road trip on Wednesday in Colorado.