Hudson's Bay sues Quebec retailer alleging trademark infringement of Zellers brand
Hudson's Bay Co. ULC is suing a Quebec retail family over the use of the Zellers brand.
In a statement of claim filed in Federal Court, the company accuses the Moniz family of trademark infringement, depreciation of goodwill and so-called passing off -- the deceptive marketing or misrepresentation of goods.
The Moniz family is behind various recent trademark applications and corporate registries, including Zellers Inc. -- incorporated in June 2020 -- Zellers Convenience Store Inc. and Zellers Restaurant Inc.
The defendants could not immediately be reached for comment and a response to the claim has not yet been filed in court.
HBC claims that the use of the Zellers brand and trademark threatens to cause confusion between their goods and services and those offered by the Bay.
The retailer alleges that the intention of taking over the Zellers brand was to either "confuse Canadians or recover a payment from HBC."
HBC says in court documents that although it closed the last of its stand-alone brick-and-mortar Zellers stores in 2020, HBC continued to have plans for the brand and did not abandon the Zellers trademarks and logos.
The company launched a pop-up Zellers shop inside a Hudson's Bay store in Burlington, Ont., last summer.
HBC spokeswoman Tiffany Bourre said the pop-up Zellers store was intended to "delight our customers with a fun and nostalgic experience with one of HBC's most beloved brands."
The company is planning a second pop-up Zellers shop at its department store in Anjou, Que., she said.
Bourre added that the company filed the claim to protect its Zellers brand and avoid consumer confusion.
"The allegations in the claim relate to planned unauthorized third-party Zellers stores, among other unauthorized uses of the Zellers brand," she said in an email. "HBC intends to pursue this claim vigorously."
- This report by The Canadian Press was first published Oct. 18, 2021.
CTVNews.ca Top Stories
Lack of detention space could force CBSA to release detainees, internal memo warns
The Canada Border Services Agency is scrambling to find space to hold high-risk detainees that are set to be transferred from provincial jails in June.
BREAKING American millionaire Jonathan Lehrer denied bail after being charged with killing Canadian couple
American millionaire Jonathan Lehrer, one of two men charged in the killings of a Canadian couple in Dominica, has been denied bail.
BREAKING Allman Brothers Band co-founder and legendary guitarist Dickey Betts dies at 80
Guitar legend Dickey Betts, who co-founded the Allman Brothers Band and wrote their biggest hit, 'Ramblin' Man,' has died. He was 80.
Trend Line Anger, pessimism towards federal government reach six-year high: Nanos survey
Most Canadians in March reported feeling angry or pessimistic towards the federal government than at any point in the last six years, according to a survey by Nanos Research.
Police make arrests in grandparent scam that defrauded victims out of $739K
Ontario Provincial Police say they have 'disrupted' an organized crime group that allegedly used an emergency grandparent scam to defraud seniors across Canada out of hundreds of thousands of dollars.
Motion to allow keffiyehs at Ontario legislature fails
A motion to reverse a ban on the keffiyeh within Queen’s Park failed to receive unanimous consent Thursday just moments after Ontario Premier Doug Ford reiterated his view that prohibiting the garment in the House is divisive.
What does it mean to be 'house poor' and how can you avoid it?
The journey to home ownership can be exciting, but personal finance columnist Christopher Liew warns about the trappings of becoming 'house poor' -- where an overwhelming portion of your income is devoured by housing costs. Liew offers some practical strategies to maintain better financial health while owning a home.
Calgary man charged with manslaughter in death of toddler
Calgary police say Winston Campbell, 45, has been charged in the death of a two-year-old girl in 2022.
B.C. child killer's lawyer walks out of review hearing
The lawyer representing child-killer Allan Schoenborn walked out of his client's annual review hearing Wednesday – abruptly ending proceedings marked by tense exchanges and several outbursts.