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
BREAKING Iran fires at suspected Israeli attack drones near Isfahan air base and nuclear site
Iran fired air defences at a major air base and a nuclear site early Friday morning near the central city of Isfahan after spotting drones, which were suspected to be part of an Israeli attack in retaliation for Tehran's unprecedented drone-and-missile assault on the country.
NEW After hearing thousands of last words, this hospital chaplain has advice for the living
In his new book 'As Long as You Need', hospital chaplain J.S. Park opens up about death, grief and hearing thousands of last words.
LeBlanc says he plans to run in next election, under Trudeau's leadership
Cabinet minister Dominic LeBlanc says he plans to run in the next election as a candidate under Prime Minister Justin Trudeau's leadership, amid questions about his rumoured interest in succeeding his longtime friend for the top job.
Prince Harry formally confirms he is now a U.S. resident
Prince Harry, the son of King Charles III and fifth in line to the British throne, has formally confirmed he is now a U.S. resident.
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.
DEVELOPING Israel targets air defence system in Syria, state news agency says
Israel carried out a missile strike targeting an air defence unit in southern Syria, causing material damage, state-run SANA news agency quoted a military statement as saying Friday.
Colin Jost names one celebrity who is great at hosting 'Saturday Night Live'
Colin Jost, who co-anchors Saturday Night Live's 'Weekend Update,' revealed who he thinks is one of the best hosts on the show.
NEW From window blinds to motorcycle helmets, here are the recalls in Canada this week
Here are the various items Health Canada recalled this week, including motorcycle helmets, power adapters, and bicycle cranksets.
Opinion 'Sasquatch Sunset' review: There won't be a weirder movie in theatres this year
Rare is the movie that can ride the line between scatological and sublime, absurdist and acute.