A lawyer for the township’s economic development department has issued a “cease and desist” order for what is being termed a breach of the township’s The Butter Tart Trail trademark.
Tourism, marketing and promotion manager April Marshall moved ahead with issuing the order after she discovered a similar butter tart website on the internet. The Butter Tart Tour was recently launched in the Kawarthas.
“We feel that’s an infringement of our Butter Tart Trail,” Marshall said.
The township has Toronto-based Dimock Stratton, a law firm specializing in trademark cases, handling the issue.
Despite the two different names, Marshall feels “it is the same concept” and brings “confusion” into the market place.
Since its launch in 2006, The Butter Tart Trail has won several provincial and national awards, including an Economic Development Council (EDCO) 2007 Award and three Economic Developers Association of Canada (EDAC) Marketing Canada Awards.
In its “Simply Explore” promotional campaign, the trail is billed as an integral part of Wellington North that “encompasses walking trails and a birding trail all winding through quaint, tranquil vistas you can discover on your own self-guided tour.”
“But of all the trails, The Butter Tart Trail is one of the most popular. Which is hardly surprising,” a trail description issued by the township states. “Who doesn’t like a rich, decadently-sinful butter tart, and on this self-guided road tour, there are at least a dozen varieties you’ll come across. There are also inventions you may encounter: doggie butter treats, pottery trays in homage to the butter tart and scents inspired by them. You may even chance upon a butter tart sundae. It’s an exploration of all things ‘butter tart’ in one variation or another.”
Marshall said the economic development department has “worked hard since 2006” to heighten the profile of the trail.
She said she contacted the Kawartha butter tart tour organizers, but didn’t “get too far” with her concerns. According to Marshall the Kawartha group will have two weeks to respond to the lawyer’s order.
