CANADA GOOSE INC v SEARS CANADA INC. Trademark Infringement Case Settled

Canada Goose and Sears Canada sent a letter to the Federal Court of Canada in November 2016 to inform the court that they had settled their cases against each other just in time for the winter coat season. Sears Canada had been selling a variety of winter parkas with a furry liner along the brim of the hood and a badge on the left arm. Canada Goose parkas also feature a furry liner along the brim of the hood and a badge on the left arm.

Federal Court case T-1820-13 Court Log

Order dated 04-NOV-2016 rendered by Kevin Aalto, Prothonotary Matter considered without personal appearance The Court’s decision is with regard to Letter from the parties dated 03-NOV-2016 Result: action and counterclaim are both dismissed without costs Filed on 04-NOV-2016 copies sent to parties entered in J. & O. Book, volume 1317 page(s) 425 – 426 Final Decision

Summary of T-1820-13

Federal Court Type: Trade Mark Infringement

Parties and Lawyers:

PARTY FIRM LAWYER
CANADA GOOSE INC Bereskin & Parr LLP COLOMBO, JONATHAN G
CANADA GOOSE INC
SEARS CANADA INC

Intellectual Property:

NAME NUMBER
CANADA GOOSE 551985
CANADA GOOSE 750591
ARCTIC PROGRAM 601185

Hearings

Date Hearing Type Location Length
Feb 5, 2018 Trial Toronto 10 days

Canada Goose Counterfeit Parka

Canada Goose alleged that Sears Canada was selling counterfeit or imitation parkas. However, Sears coats were not sold with the Canada Goose label. Photos of the Sears parkas shown here do not feature the Arctic Program badge.
Although Canada Goose filed the case in 2013, Sears Canada continued selling their parkas in a variety of styles and lengths until they had a clearance sale in January 2016.

Canada Goose Counterfeit fur ruff

The Canada Goose website features a picture of a parka fur that it alleges is counterfeit fur ruff.

Canada Goose parka counterfeit fur ruff

In comparison, the Canada Goose website features a picture of an authentic, but very similar parka fur.

>Canada Goose parka authentic fur ruff

Authentic Canada Goose fur ruffs look thick and luxurious. They are functional in that they provide ultimate protection against frostbite on the face. Counterfeit fur looks scraggly, tangled and sometimes dirty. Coyote ruffs are also much softer than commonly used alternatives such as raccoon. As well, look for poor seam quality on the hood.

 

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David Michaels, J.D., B.Eng., CHRM is a legal blogger (and a trained attorney) who holds certificates in Canadian Trademark Law (2012) and Canadian Patent Law (1996) from McGill University. He has worked in the area of trademark law in Canada since 1995 and in the USA since 1993. David is a brand consultant, a writer, an eCommerce entrepreneur, and an aeronautical engineer. http://ca.linkedin.com/in/davidtmichaels/ Warning & Disclaimer: The pages, articles and comments on trademarkpro.ca do not constitute legal advice, nor do they create any attorney-client relationship. The articles published express the author's notes of the current state of trademark law and should not be attributed as opinions of the author, his employer, clients or the sponsors of trademarkpro.ca. The author does not warrant that these notes are up-to-date. Trademark law is constantly changing and it varies between jurisdictions and even within jurisdictions. This website should not be relied upon.

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