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