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CanWest's latest battle: a 'fake newspaper

Normally, media companies are defendants in legal disputes over commentary and publishing. But not CanWest, it seems. A couple of weeks ago, we told you about a lawsuit CanWest has launched against West Coast website The Tyee. Now another has surfaced, involving, on one level, questions about trademark and allegations of a conspiracy "to embarrass and to injure" media giant CanWest.

But at another level, the dispute revolves around tension over opinions on the Israeli-Palestinian dispute. Furthermore, CanWest's statement of claim filed last December against defendants that include political activist Mordecai Briemberg, alleges that the conspiracy was motivated by hostility aimed at the Asper family, who are principal shareholders in CanWest and strong supporters of Israel.

The lawsuit concerns the publication last June of a four-page parody of CanWest's Vancouver Sun newspaper. (It contained, for example, a weather report, "Operation Summer Rains with occasional missile showers and chance of tank shelling in the afternoon.") CanWest, in its statement of claim, calls it a "fake newspaper" and points to the use of the Sun's distinctive logo.

Twelve-thousand copies of the publication were distributed and its content was published on a now-defunct website, http://www.vancouversun.7p.com, and was picked up on other websites concerned with the Palestine question (including one for the UN Office for Humanitarian Affairs). The publication's content focused on the Israeli occupation of Palestinian territories and was critical of Israel and media coverage of the issue. CanWest alleges that the four-page parody paper and the website version "constitute a misrepresentation ... leading the public to believe there was an association between the plaintiff and the fake newspaper."

Mr. Briemberg is a former professor of political science at Simon Fraser University. He gained fame for being one of a number of Canadians monitored by the CIA during the late 1960s and early 1970s. He is a critic -"harshly critical" the statement of claim suggests - of Israel. He is supportive of Palestine in his writing, speeches and activities, which include sitting on the board of the Near East Cultural and Educational Foundation of Canada (NECEP) and participating in the Canada Palestine Support Network.

The other defendants in the lawsuit are a printing company and its president, plus three "John Does" and three "Jane Does" who, CanWest claims, were in a conspiracy.

"Each of the defendants is involved, directly or indirectly, in anti-Israeli and pro-Palestinian media activities. Further, the defendants, or some of them, harbour antagonist views toward the plaintiff, its principal shareholders and the reporting and editorial opinions expressed in the plaintiff's publications."

Mr. Briemberg's statement of defence, filed in January, denies that he conspired with anyone, or that he published the fake newspaper or that he republished the content on any website. He also denies "being motivated by hostility" toward the Aspers. However, he does admit to handing out a number of copies of a four-page document in June, 2007.

On the NECEP website, Mr. Briemberg positions his fight as "the democratic right to use satire and other forms of humour to critique those in positions of power and wealth" rather than a question of possible trademark violation.

 

  1. Michele Ballagh from Hamilton, Canada writes: This may be an important case as the "parody" defence has never been successful in Canada to date - at least to my knowledge. To my knowledge, it has only been put forward by unrepresented litigants in the past and rejected by the courts. It would be interesting to see what would happen if earnestly pursued by competent counsel and a client with deep pockets/convictions. Its my understanding that parody is a limited defence to TM infringement in the US because of the 1st amendment in the US constitution. Canada's "right to free expression" as set out in the Charter is worded slightly different so its application may differ in Canada...

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