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Some Chestnut Canoe History: Playing with Patent Law

Glenn MacGrady

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In the following article, Canadian patent lawyer Mario Theriault gives some general history of the Chestnut Canoe Company and then focuses on how William T. Chestnut used and misused a Canadian patent, which purportedly gave Chestnut the exclusive right to manufacture and sell rib/plank/canvas canoes in Canada.

Chestnut was issued this Canadian patent in 1905 even though rib/plank/canvas canoes had been made in Maine for many years, perhaps decades, and imported into Canada by Morris and Old Town, at least, and also had been manufactured in Ontario by the Peterborough Canoe Company prior to 1905. Under such circumstances, an American patent would not have been issued.

Peterborough took Chestnut to court to litigate the validity of the patent. The court case lingered on for several years and was ultimately dropped for reasons that differ among Theriault and other authors. In any event, the patent expired probably by 2011 and Chestnut never succeeded in legally enforcing the patent against anyone. Nevertheless, Chestnut tried during many years to intimidate competitors from making rib/plank/canvas canoes by touting their supposed patent. This, and for marketing reasons, is why they displayed "Pat. 1905" on their deck decal for, as far as I know, the life of the company.

Chestnut Canoe Label.jpg

 
They should have patented the names "Prospector", "Pal", and "Bobs Special", that's where the money went.
 
Chestnut tried during many years to intimidate competitors from making rib/plank/canvas canoes by touting their supposed patent.

It appears that Chestnut was not very successful in intimidating any of their major competitors since they all continued to sell canoes like this for many years. The end of this patent dispute came in 1923 when Chestnut joined Canadian Watercraft Limited with Peterborough and the other major Canadian builders. The first link below has more details about this. The second link below has more information about the early canvas canoes including another discussion of this patent issue. Ironically, the "Pat. 1905" reference remained on the Chestnut logo even when they started putting them on aluminum and fiberglass canoes. This didn't seem to produce much intimidation for anyone in those businesses either.

Benson



 
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They should have patented the names "Prospector", "Pal", and "Bobs Special", that's where the money went.

The most popular uses of these names came well after Chestnut had closed in 1979. Roger MacGregor tried to manage the trademarks for a variety of venerable Canadian canoe companies with limited success. My understanding is that Canadian trademark law limits the protection to an active business and Roger wasn't running a canoe company. His protection only extended to the decals, t-shirts, and catalog reproductions that his Ivy Lea company was actually selling.

Benson
 
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