The Hook

Retail giant Wal-Mart Canada has filed for a court injunction against a workers’ rights website over alleged trademark infringement, but the union operating the site says it is simply an attempt to thwart organizing efforts and stifle expression.

“This injunction request is an over the top assault on freedom of speech and on our ability to effectively communicate with Walmart workers,” said a statement from Wayne Hanley, national president of the United Food and Commercial Workers Canada union.

The retail corporation filed the injunction with the Quebec Superior Court earlier this month in regards to the name, designs, slogans and images used on a UFCW website called walmartworkerscanada.ca.

“They recently revamped their site and in doing so we believe they have infringed on the Wal-Mart trademark,” said Andrew Pelletier, director of vice-corporate affairs for Wal-Mart Canada.

Specific complaints include phrases such as “Walmart Workers Canada” and “Union for Walmart Workers,” and photographs of people wearing blue vests – a uniform of Wal-Mart employees.

The injunction also seeks to stop the use of the website’s slogan “Get respect, live better,” which the corporation says plays on their new slogan “Save money, live better.”

Wal-Mart Canada is simply trying to protect its brand, Pelletier said, and denied it is attempting to thwart free speech.

“We are big advocates of free speech and open communications from the way we operate internally to the way we operate externally,” he said.

But the union strongly disagrees and launched a public awareness campaign this week in response to the injunction.

The website now features an image of caution tape with the words “Under the threat of censorship,” and the union is asking people to write to the corporation in opposition to the injunction.

UFCW represents Wal-Mart employees at a store in St-Hyacinthe, Quebec -- one of only a few successful attempts to organize the company's workers in Canada. The union says the injunction is Wal-Mart's latest attempt to prevent labour organizing.

“Walmart's response to the success of www.walmartworkerscanada.ca is just another outrageous example of how the largest retailer in the history of the world will use its bottomless legal budget to manipulate the collective bargaining process and do just about anything to discourage its 'associates' from joining the union,” said Hanley.

The injunction application is expected to be heard in court this fall.

Garrett Zehr reports for The Tyee.