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
Grandparent scam: London, Ont., senior beats fraudsters not once, but twice
It was a typical Tuesday for Mabel Beharrell, 84, until she got the call that would turn her world upside down. Her teenaged grandson was in trouble and needed her help.
Deaths of 4 people on Sask. farm confirmed as murder-suicide
The deaths of four people on a farm near the Saskatchewan village of Neudorf have been confirmed a murder-suicide.
CRA no longer requiring 'bare trust' reporting in 2023 tax return
The Canada Revenue Agency announced Thursday it will not require 'bare trust' reporting from Canadians that it introduced for the 2024 tax season, just four days before the April 2 deadline.
Full parole granted to man convicted in notorious 'McDonald's murders' in Cape Breton
The Parole Board of Canada has granted full parole to one of three men convicted in the brutal murders of three McDonald's restaurant workers in Cape Breton more than 30 years ago.
Incident on Calgary's Reconciliation Bridge comes to safe resolution
Nearly 20 hours after a man climbed and remained perched on top of the Reconciliation Bridge in downtown Calgary, the situation came to a peaceful resolution.
Sunshine list: These were the Ontario public sector's highest earners in 2023
Ontario released its annual sunshine list Thursday afternoon, noting that the largest year-over-year increases were in hospitals, municipalities, and post-secondary sectors.
George Washington family secrets revealed by DNA from unmarked 19th century graves
Genetic analysis has shed light on a long-standing mystery surrounding the fates of U.S. President George Washington's younger brother Samuel and his kin.
'We won't forget': How some Muslims view Poilievre's stance on Israel-Hamas war
A spokesman for a regional Muslim advocacy group says Conservative Leader Pierre Poilievre's stance on the Israel-Hamas war could complicate his party's relationship with Muslim Canadians.
Why some Christians are angry about Trump's 'God Bless the USA' Bible
Former U.S. President Donald Trump is officially selling a copy of the Bible themed to Lee Greenwood’s famous song, 'God Bless the USA.' But the concept of a Bible covered in the American flag has raised concern among religious circles.