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 the usage of the Zellers model.

In a press release of declare filed in Federal Courtroom, 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 numerous 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 court docket.

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HBC claims that the usage of 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 get well a cost from HBC.”

HBC says in court docket 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 logos and logos.

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

HBC spokeswoman Tiffany Bourre mentioned the pop-up Zellers retailer was meant to “delight our prospects with a enjoyable and nostalgic expertise with certainly one of 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 mentioned.

Bourre added that the corporate filed the declare to guard its Zellers model and keep away from client 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 mentioned in an electronic mail. “HBC intends to pursue this declare vigorously.”