SOMBA K'E/YELLOWKNIFE
Artists and supporters of Wildcat Cafe T-shirt artist Nick MacIntosh packed a municipal services committee meeting Monday to ask for the garments to be returned.

Artist Nick MacIntosh showed up at a municipal services committee meeting Monday to ask for the return of his confiscated Wildcat Cafe T-shirts back. - Simon Whitehouse/NNSL photo

Earlier this month, the city threatened MacIntosh with legal action after he made and began selling 105 T-shirts depicting his painting of mice eating cheese at the Old Town heritage restaurant.

The threat came after the city had established a legal trademark with Calgary-based firm Gowlings in 2011 in order to control all imagery representing the cafe.

As a result, MacIntosh was forced to hand over $2,000 worth of shirts to the city.

About 20 people showed up to the noon-hour meeting to support MacIntosh and included, among others, filmmaker Pablo Saravanja, Aurora Arts Society president Marcus Jackson, photographer and painter Tawna Brown, artist Walt Humphries and Northern Arts and Cultural Centre executive and artistic director Marie Coderre.

“What I have done is created a T-shirt where no T-shirt has existed,” said MacIntosh during the meeting.

“I have kind of done this in a backward way and I was unaware there was a trademark in place. I messed up. Sorry. I come today to ask council and Mr. Mayor if I can get permission to use your trademark of the Wildcat and get these remaining 100 shirts off my back, because what harm could they actually do? Could I please have my shirts back?”

Two of MacIntosh's advocates, George Lessard and Humphries, called on the city to return the shirts and criticized administration for poor judgment on the file.

Lessard pointed out the city's policy surrounding how to apply to use a trademark was not available on the website and that there were no registered trademark symbols visible at the Old Town restaurant.

“I have no objection to the city making money from the trademark … but to go after a particular artist for some small thing like that and insisting the work will be destroyed would be a little more than heavy handed,” said Lessard, adding his confusion as to why the city didn't at least negotiate with the artist. “It is absurd.”

Humphries provided a number of analogies which pointed out that the city was coming across as “anti-artist” and that unless an artist is really harming the city's image, one should be free to do whatever they want artistically.

“As an artist, I can do almost any painting I want as long as I don't violate pornography laws or something,” said Humphries. “There is just no regulation on it and there is no way you can regulate it. An artist can do whatever he wants.”

Instead, Humphries said the city has done harm to the artist, the city and the public and called for the city to return the shirts with an apology to MacIntosh and city artists. A trademark could be added to the shirt, he added.

Councillors in attendance were in support of MacIntosh for the most part, although there was disagreement over how much control the city should retain on trademarking the Wildcat.

Coun. Adrian Bell, for example, agreed the process to apply to use the trademark and the city's legal control over the restaurant's image was poorly communicated. However, he said after a proper process is put in place, the operator should have a right to refuse an application because the Wildcat is also a restaurant business.

Other councillors stated citizens should be “free and open” to depict the restaurant as they wish.

“We talk about the trademark, but who is the owner of that trademark?” asked Coun. Niels Konge. “To me, the city is the people and councilors have talked about a process. As far as I am concerned, it is the people's trademark and they should be free to use for the people.”