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Members of a Quebec household behind the latest trademark purposes for firms bearing the identify Zellers are the main focus of a lawsuit by Hudson’s Bay Co. ULC, which owns the defunct retail model.
In an announcement of declare filed in Federal Courtroom, the corporate accuses members of the Moniz household of trademark infringement, depreciation of goodwill and so-called passing off — the misleading advertising and marketing or misrepresentation of products.
The Moniz household is behind numerous latest trademark purposes and company registries, together with Zellers Inc., Zellers Comfort Retailer Inc. and Zellers Restaurant Inc.
“The non-public defendants’ intention was to both confuse Canadians or recuperate a fee from HBC,” the assertion of declare filed Oct. 5 mentioned.
The Zellers model is getting used to deliberately “mislead Canadian shoppers” and “commerce on the precious goodwill owned by HBC,” the retailer mentioned in court docket paperwork.
The defendants couldn’t be reached for remark and a response to the declare has not but been filed in court docket.
Final true Zellers shops closed final yr
HBC claims the defendants acted in dangerous religion and are “not approved to make use of Zellers commerce names or emblems.”
“The company defendants’ … opportunistic and flagrant adopting and use of Zellers-formative commerce names and emblems is deliberate and outrageous,” the assertion of declare mentioned.
In the meantime, the only director listed for Zellers Canada Inc. — Maria Almerinda Moniz Sousa — can also be listed as the only director for Kmart Canada Ltd. The 2 company names have been registered inside a couple of month of one another in Might and June 2020.
The assertion of declare mentioned Zellers Inc. has a location within the metropolis of Sorel-Tracy, about 80 kilometres from Montreal, and that members of the general public are being informed {that a} Zellers/Kmart retailer will open sooner or later. The declare added {that a} second location in Sorel-Tracy has indicators indicating that the constructing is underneath the administration of Zellers Canada Inc.
HBC alleges that the defendants have refused to adjust to the corporate’s calls for to stop and desist.
Based in Nineteen Thirties
The Zellers division retailer was based in 1931. It was acquired by HBC in 1978 and operated because the low cost division of its flagship Hudson’s Bay department shops.
The shop hit its peak of about 350 places within the late Nineties, earlier than shedding floor to large field rivals akin to Walmart. In 2011, HBC introduced plans to promote nearly all of its remaining Zellers leases to Goal Corp.
The retailer closed the final of its stand-alone brick-and-mortar Zellers shops in 2020, however continued to have plans for the model and didn’t abandon the Zellers emblems and logos, in response to court docket paperwork.
The corporate launched a pop-up Zellers store inside a Hudson’s Bay retailer in Burlington, Ont., final summer time.
HBC spokeswoman Tiffany Bourre mentioned the pop-up Zellers retailer was supposed to “delight our prospects with a enjoyable and nostalgic expertise with certainly one of HBC’s most beloved manufacturers.”
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 shopper 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.”
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