News release

Province Submits Motion to Federal Court on Bluenose II Case

TOURISM/CULTURE--Province Submits Motion to Federal Court on Bluenose II Case

The Government of Nova Scotia is contesting the official marks obtained by the Bluenose II Preservation Trust Society. As a first step, the province asked the federal court today, Oct. 9, to extend the normal appeal period of 30 days in which an official mark can be contested.

Tall Ships Art Productions Limited of Waverley had earlier filed a similar application, which is scheduled to be heard in Halifax on Thursday, Oct. 16. The province made its application today so that the federal court could hear both motions at the same time.

The province supports an application by the Trust, also made today, asking the federal court to adjourn its Oct. 16 date until the end of November. The province and the Trust entered talks last month in an attempt to resolve intellectual property issues surrounding the Bluenose II. They have agreed their discussions will have a deadline of Friday, Nov. 28.

"We intend to continue discussions with the society in good faith, in the hopes of reaching an agreement that will eliminate the need of further court proceedings," said Rodney MacDonald, Minister of Tourism and Culture.

The official marks in dispute involve the names Bluenose, Bluenose II Preservation Trust, Bluenose II Ship's Company Store, and the Original Bluenose Clothing Company.

The action in the federal court is narrower than the case before the Nova Scotia Supreme Court, which was launched by the Trust against Tall Ships. The federal court case only deals with the official marks issue, it does not, like the Nova Scotia Supreme Court, deal with copyright issues. The Nova Scotia Supreme Court granted intervenor status to the province in the Trust's action.

The Bluenose II Preservation Trust is a volunteer, non-profit organization which operates the Bluenose II under contract with the department of Tourism and Culture.


The province has made another legal move in the Bluenose-two case.

The government went to federal court today (October 9th) to challenge the official marks that were obtained by the Bluenose- two Preservation Trust Society. Those marks include the names Bluenose and Bluenose-two.

Tall Ships Art Productions filed a similar application with the court in August. The province made its application today so the federal court could hear both motions at the same time.

Tourism and Culture Minister Rodney MacDonald says the province still hopes to work through the issues -- such as who can use the Bluenose name -- with the Bluenose-two Trust before they get to court.



Tom Peck
Tourism and Culture 902-424-1593 E-mail:
djl            October 9, 2003          5:54 P.M.