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Ah, Groundhog Day.

The day when we anxiously await whether a large rodent—blessed with alleged meteorological skills—will see its shadow and declare six more weeks of winter or, if we’re lucky, an early spring. For most people, this holiday is quirky at best, but for my dad, it’s his absolute favorite holiday. Why? Because, as he’s fond of saying, “I don’t have to buy anyone anything.” Truly, the man has cracked the code for stress-free holiday joy. Sorry, Christmas, but Dad has spoken. In our family, we lovingly call him Grandpa Greg, and he’s something of an 8-ball for us. Whenever we’re pondering a tough question or trying to decide something, we always ask, “What would Grandpa Greg do?” He’s my moral compass, my “BS meter,” ensuring we steer clear of questionable decisions—or at least laugh about them later.

To honor this sacred day in our family, each household in our clan participates in a unique tradition: we set out a wooden groundhog on the front lawn a few days before February 2nd to “predict” the weather. The next morning, we analyze the “results,” which range from “it’s sunny; spring is near” to “it’s snowing; we’re doomed.” This year, mine fell over because of the wind, which I’m interpreting as a sign that winter is just going to give up. Bold prediction, I know.

And because no holiday can pass without some Martha Stewart-level effort from my mom, she’s insisted on contributing to the festivities in her own way. Every year, she makes a meatloaf using “ground” meat to commemorate the day. It’s clever, it’s delicious, and it’s very on-brand for a woman who turns every occasion into a culinary masterpiece. I guess the meal could be worse, given our Scottish roots. If you’re wondering, yes, it’s shaped like a groundhog. Of course it is.

But wait! There’s more! (see what I did there 😉)… than just wooden groundhogs, meatloaf, and a weather prediction with the accuracy of a magic eight ball. Let’s talk intellectual property—yes, even groundhogs have IP protection.

While groundhogs themselves aren’t filing patents (at least not yet), the celebration of Groundhog Day has spawned its share of intellectual property curiosities. Take Wiarton Willie, the Canadian answer to Punxsutawney Phil. Willie’s name, likeness, and even his predictions are trademarked. Yes, someone had the foresight to protect this rodent’s brand. If that’s not the height of Canadian ingenuity, I don’t know what is.

And it doesn’t stop there. The movie Groundhog Day, starring Bill Murray, is a cultural touchstone that’s been parodied, quoted, and memed for decades. The phrase “It’s like Groundhog Day” is practically a trademark itself—though it’s also shorthand for “I’m stuck in an endless, repetitive cycle,” which is how some of us feel dealing with ongoing intellectual property disputes. Looking at you, Canadian Intellectual Property Office. The examination backlog? Total Groundhog Day vibes.

If there’s one thing we can learn from Groundhog Day, it’s that protecting your brand matters. As a trademark agent, I can’t help but imagine the potential of protecting something as unique as your household’s wooden groundhog design. It’s not just a whimsical idea—it’s an opportunity to carve out your own piece of suburban folklore. Who wouldn’t want exclusive rights to a groundhog that doubles as a weather predictor and a conversation starter? It could inspire a neighborhood rivalry over who has the most creative design, or simply leave the neighbors wondering if you’ve taken your love for IP one step too far. Either way, it’s branding genius! Of course, before taking any action, I’ll need to consult our family’s magic 8-ball, Grandpa Greg, to ensure it’s the right move.

Let’s circle back to why my dad loves this day so much. In a world filled with holidays that demand gifts, cards, and extravagant meals, Groundhog Day requires none of that. No scrambling for presents. No awkward thank-you texts for socks you didn’t want. Just a simple tradition, some weather-based hope, and maybe a rewatch of the Bill Murray classic.

So, as we gear up for February 2nd, let’s give a nod to the groundhogs—real, wooden, and cinematic—who make this day special. Let’s also appreciate the power of intellectual property to preserve these quirky traditions and iconic brands. And, most importantly, let’s be grateful for a holiday where the only obligation is to put a groundhog on your lawn, eat some meatloaf, and hope for spring.

After all, as my dad (“Grandpa Greg”) would say, “What’s not to love?”

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This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2021 Nelligan O’Brien Payne LLP.

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