Hold on to your hoodies everyone, a trade-mark infringement suit over clothing is afoot. Outerwear manufacturer Canada Goose launched a suit against Sears Canada earlier this month, accusing the retailer of producing a knock-off of its “highly distinctive” parkas.
Canada Goose alleges that 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 argues that the $199 Sears jackets resemble its $695 “Kensington” coat much too closely. Both types of jackets are three-quarter length and feature a fur-trimmed hood and a logo positioned on the upper arm.
Sears spokesman Vincent Power responded to the allegations, stating that “[t]here are quite a few brands out there that use their logo in a circle and Canada Goose cannot claim it invented that.” Power went on to add that Sears regards the action as “frivolous” and “without merit”, and that in Sears’s view, the two brands are distinct enough not to cause any confusion whatsoever in the marketplace.
As we
previously reported, Canada Goose was involved in a similar trade-mark scuffle last year with International Clothiers Inc, which was accused of using and placing a similar logo to Canada Goose’s Arctic Program design trade-mark on its coats. The two companies settled the suit for an undisclosed amount.
Sears is expected to file a response to Canada Goose’s claim.
Summary by:
Elena Iosef
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