The Canadian manufacturer of fine, fur-lined parkas, Canada Goose, recently sued Sears for trademark infringement. Apparently, the Sears parka bears a striking resemblance to the Canada Goose “Kensington” coat. The distinguishing features of the Canada Goose coat are its three-quarter length, fur-lined hood and circular patch on the upper right sleeve. According to CTV News, Sears is striking back and claiming that Canada Goose is trying to attenuate sales of low cost, accessible parkas to force consumers to buy their expensive parkas.
Sears’ statement of defense, presented to the Canadian Federal Court, was more than a simple response to the trademark infringement allegations. Instead, Sears is targeting Canada Goose’s larger “campaign of intimidation,” according to the statement of defense. Sears claimed that “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 continued, “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.”
Sears claims that it is not abnormal for a parka to contain a circular logo on the upper right sleeve and they have owned the trademark to their circular logo since 1998. The logos are distinct and no consumer would confuse the “Kensington” coat with Sears’ coat. Furthermore, Canada Goose only owns the trademark to their name and logo content not the logo’s circularity, according to the statement of the defense.
This is not the first time Canada Goose has sued another parka manufacturer for trademark infringement on their circular logo. Previously, Canada Goose sued International Clothiers Inc., claiming that the circular logo and sleeve position would create confusion for consumers. If this situation is familiar to you and your company, contact us and we can help.
Our Los Angeles trademark infringement attorneys have over 25 years of experience defending the victims of intellectual property disputes. We will recover your lost profits and deliver the compensation that you need to get your life and business back on track. For more information, contact us. To schedule a confidential consultation with one of our Los Angeles trademark infringement lawyers, call (323) 653-3900.
[Did You Know: Trademark rights can be established without registration by using the mark in commerce, but they may not be federally recognized.]
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