Global News is reporting that Canada Goose has filed a trademark infringement suit against Sears for allegedly selling knock-offs of its winter coats. In the suit, Canada Goose alleges that Sears Canada Inc. is passing off one of their parkas as a Canada Goose Inc. winter coat.
“(Sears) is intentionally seeking to mislead consumers and potential consumers into believing that they are purchasing a ‘lower-end’ Canada Goose jacket that is intended for sale at Sears,” Canada Goose wrote in its statement of claim.
Sears had not filed a response to Canada Goose’s suit, which is requesting that the Federal Court order Sears to stop selling coats that it alleges resemble its “Kensington” coat, a red three-quarter length coat with a fur-trimmed hood.
In addition to the “Kensington” coat, Canada Goose’s lawsuit also alleges that Sears is also selling knock-offs of its Weather Gear jackets, accusing Sears of even going so far as to copy the Weather Gear jacket logo, a circular symbol on the upper shoulder of the jacket sleeves.
According to the National Post, Sears Canada spokesperson Vincent Power has called the lawsuit “frivolous” and “without merit.”
“Our brand is quite distinct from theirs and there is no confusion between the two whatsoever,” Power wrote in a statement. “There are quite a few brands out there that use their logo in a circle and Canada Goose cannot claim it invented that.”
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Quick Klein Extra: Within trademark law are specialized terms used to categorize marks: form, mode of use and strength.
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