Grayec Management Inc.

June 23, 2005 11:50 ET

Trade Marks for Don Messer Cancelled by Federal Court

Attention: Arts/Entertainment Editor, City Editor, Media Editor, News Editor OTTAWA, ONTARIO--(CCNMatthews - June 23, 2005) - Frank Leahy, a Kitchener Ontario fiddler who paid $20,000 for one of the nine fiddles owned by the late Canadian fiddling icon Don Messer, was dealt a major blow by the Federal Court of Canada on June 21, 2005. Mr. Leahy, president of Hapi Feet Promotions Inc. lost the trade mark registrations it had obtained in 2003 for DON MESSER and DON MESSER'S VIOLIN. The Federal Court found that Leahy's trade-mark registrations were invalid and ordered them cancelled. The Court also found that the trade-marks are descriptive and not distinctive.

Leahy's company was also ordered to pay Court costs forthwith to Grayec Management Inc owned by Barbara Martin..

This is the latest, most decisive and legally significant development to date in a long standing attempt by Leahy to prevent Martin , a former Maritimer, from bringing the music of the "Don Messer Jubilee" to all Canadians.

According to Elizabeth Elliott of Mecera and Jarzyna LLP, a certified specialist in trade-mark law who represented Martin and her company in Federal Court says that her client was very pleased with the ruling. Ms Elliott also states " Leahy does not have the right to prevent others from using "Don Messer Jubilee" when it comes to describing the music of Charlie Chamberlain, Marg Osborne and all of the other great performers of Don Messer's Jubilee"

Her colleague, Howard Knopf, stated that Martin, a retired person is "simply doing concerts and putting out CDs about Don Messer's Jubilee. In a similar situation the Ontario Court of Appeal refused to allow the Estate of Glen Gould to stop the publication of a book 'about' the late pianist." /For further information: Elizabeth Elliott: IN: ENTERTAINMENT, JUSTICE, MEDIA

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