Hudson’s Bay sues Quebec retail family over alleged trademark infringement of Zellers brand

Hudson’s Bay Co. ULC is suing a Quebec retail household over using the Zellers model.

In a press release of declare filed in Federal Court docket, the corporate accuses the Moniz household of trademark infringement, depreciation of goodwill and so-called passing off — the misleading advertising or misrepresentation of products.

The Moniz household is behind varied latest trademark purposes and company registries, together with Zellers Inc. — integrated in June 2020 — Zellers Comfort Retailer Inc. and Zellers Restaurant Inc.

The defendants couldn’t instantly be reached for remark and a response to the declare has not but been filed in courtroom.

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HBC claims that using the Zellers model and trademark threatens to trigger confusion between their items and providers and people supplied by the Bay.

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The retailer alleges that the intention of taking on the Zellers model was to both “confuse Canadians or recuperate a fee from HBC.”

HBC says in courtroom paperwork that though it closed the final of its stand-alone brick-and-mortar Zellers shops in 2020, HBC continued to have plans for the model and didn’t abandon the Zellers emblems and logos.

The corporate launched a pop-up Zellers store inside a Hudson’s Bay retailer in Burlington, Ont., final summer time.

HBC spokeswoman Tiffany Bourre stated the pop-up Zellers retailer was supposed to “delight our prospects with a enjoyable and nostalgic expertise with one among HBC’s most beloved manufacturers.”

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The corporate is planning a second pop-up Zellers store at its division retailer in Anjou, Que., she stated.

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Bourre added that the corporate filed the declare to guard its Zellers model and keep away from shopper confusion.

“The allegations within the declare relate to deliberate unauthorized third-party Zellers shops, amongst different unauthorized makes use of of the Zellers model,” she stated in an e mail. “HBC intends to pursue this declare vigorously.”

© 2021 The Canadian Press

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