As noted previously in this blog, there are no recognized exceptions (yet) in the Canadian law respecting trademarks and copyright to provide an outlet for freedom of expression. In previous legal wrangling between Unions and TM owners, the Unions have been less than successful in convincing the courts that such an exception should be made. But its a fight that will, no doubt, be fought again and again.
Now the NY Times reports that Wal-Mart is relying on TM law in an attempt to shut down a web site operated by the UFCW which is, of course, trying to recruit union members from Walmart employees.
To my mind, the interesting question is whether a freedom of expression exception should be made for unions who are often in the position of criticizing employers for the collective good of their employees (and arguably the public good). In other words, why should trademark owners be entitled to prohibit any negative associations with their marks if those associations are true or at least "fair"?
