Tuesday, September 23rd14.1°C
23284
22455

Sears accuses Canada Goose of bullying, 'campaign of intimidation'

TORONTO - Canada Goose is trying to "bully" Sears Canada Inc. (TSX:SCC) and other retailers through litigation, Sears is alleging in court documents as it hits back at a trademark infringement lawsuit.

The parka maker's real motive is to curtail the sales of lower-priced winter jackets so Canada Goose can keep selling its products "at a huge mark up," Sears alleges.

Canada Goose alleges in a lawsuit filed late last year that Sears is selling knock-offs of its highly distinctive coats.

The department store has now filed its statement of defence in Federal Court and is taking direct aim not just at this particular lawsuit, but what the retailer calls Canada Goose's "campaign of intimidation."

Canada Goose is trying to claim the exclusive right to sell any winter coat with a fur collar "of any sort" or with a circular logo on its sleeve, Sears alleges in its statement of defence.

"Canada Goose is simply attempting to bully Sears and others through demands, unfounded litigation, statements in the press and the like, into ceasing activities that Canada Goose knows do not cause confusion or any harm to it," Sears alleges.

"The real purpose of Canada Goose's campaign of intimidation is to attempt to prevent or lessen sales in the marketplace of less expensive winter jackets...to preserve its temporary ability to sell its garments at a huge mark up to the public."

Neither Sears' nor Canada Goose's allegations have been proven in court.

Canada Goose alleges that Sears is intentionally trying to mislead consumers into believing they're buying a "lower-end" Canada Goose jacket, the parka maker alleges in its lawsuit.

In its statement of defence, Sears says no consumer could confuse a Canada Goose jacket with Sears' Alpinetek coats. Sears has held a trademark for the Alpinetek logo since 1998, Sears wrote in its defence.

Canada Goose has no exclusive rights to a circular logo positioned on the upper sleeve of a winter jacket, Sears alleges, saying it is commonplace for coats.

Canada Goose's rights, if any, are to the name and mark Canada Goose and not in such features as a circular logo and fur trim, Sears alleges.

Canada Goose has previously sued International Clothiers Inc., alleging it intentionally designed a logo and positioned it on jackets to mimic the Canada Goose Arctic Program design trademark.

The lawsuit was later settled on undisclosed terms.

Canada Goose bills itself in the lawsuit as a "Canadian success story," as its jackets have become very well-known in Canada and abroad.

The Canadian Press


Read more Business News

22831


Recent Trending




Today's Market
S&P TSX15129.00-136.35
S&P CDNX928.09-26.97
DJIA17172.68-107.06
Nasdaq4527.689-52.10
S&P 5001994.29-16.11
CDN Dollar0.9069+0.0012
Gold1219.50+1.60
Oil91.50-0.91
Lumber332.20+5.60
Natural Gas3.91+0.002

 
Okanagan Companies
Pacific Safety0.17+0.01
Knighthawk0.01-0.005
QHR Technologies Inc1.27-0.10
Cantex0.04-0.01
Anavex Life Sciences0.2195-0.0035
Metalex Ventures0.05-0.01
Russel Metals35.37-0.38
Copper Mountain Mining2.40-0.26
Colorado Resources0.16-0.005
ReliaBrand Inc0.0206-0.0043
Sunrise Resources Ltd0.02-0.005
Mission Ready Services0.27-0.02

 



23423

FEATURED Property
1897612310 - 1495 Graham Street, Kelowna BC
2 bedrooms 2 baths
$329,000
more details
image2image2image2
Click here to feature your property
Please wait... loading


Is this a fair offer from ICBC?

“Is this a fair offer from ICBC?”…. “How much should I settle for?”… “What is my claim worth?” These are just some of the questions I regularly get as...


Disruptive innovation

Last night I was privileged to be able to speak at the Greater Westside Board of Trade business awards dinner. Photo: ContributedI talked about Innovation and Collaboration which are two very interes...


Executors and their duties

There will be a time when you will need to decide who you should appoint as executor of your Will. As well, there may be a time when you will be asked by someone to act as the executor of his or her W...

_



23499




Member of BC Press Council


22755