Still Kicking: Quebec Court Confirms The Constitutionality Of The Charter Of The French Language, Clarifies The Rule Of 'Marked Predominance' And Reiterates The Exemptions For Unregistered Trademarks

In a recent decision,1 the Court of Quebec reiterated the requirement under Quebec's Charter of the French Language (the "Charter") that French language signage be "markedly predominant" and confirmed that both registered and unregistered trademarks may appear exclusively in another language in inscriptions on products, in catalogues, brochures, folders, commercial directories and similar publications (including websites), and in public signs and posters and commercial advertising.

Facts

A number of small businesses operating mostly in English in the Montreal area were charged with various violations of the Charter. More specifically, the Anglophone merchants were charged with having installed signs in a language other than French or on which French was not "markedly predominant", having sold products with non-French labelling and having advertised online exclusively in English.

Decision

All merchants were found guilty as charged, save for one, which used a trademark exempt slogan. The following are the most salient points that can be gleaned from the decision. How Predominant is "Markedly Predominant"? Section 58 of the Charter allows the use of a language other than French on...