Hudson’s Bay Co. ULC is suing a Quebec retail family over use of the Zellers brand.
In a statement of claim filed in Federal Court, the company accuses the Moniz family of trademark infringement, depreciation of goodwill, and so-called transfer – misleading marketing or misrepresentation of assets.
The Moniz family is behind several recent corporate registrations and trademark applications, including Zellers Inc., incorporated in June 2020, Zellers Convenience Store Inc., and Zellers Restaurant Inc.
The defendants could not be immediately reached for comment and a response to the claim has yet to be filed in court.
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HBC claims that use of the Zellers brand and trademark threatens to cause confusion between its products and services and those offered by The Bay.
The retailer alleges that the intention of taking over the Zellers brand was “to confuse Canadians or to recover a payment from HBC.”
HBC says in court documents that although it closed the last of its independent Zellers stores in 2020, HBC continued to have plans for the brand and did not abandon the Zellers trademarks and logos.
The company launched a pop-up Zellers store inside a Hudson Bay store in Burlington, Ontario, last summer.
HBC spokeswoman Tiffany Bourre said the Zellers pop-up was intended to “delight our customers with a fun and nostalgic experience with one of HBC’s most beloved brands.”
The company is planning a second pop-up Zellers store at its department store in Anjou, Que., He said.
Bourre added that the company filed the claim to protect its Zellers brand and avoid consumer confusion.
“The allegations in the claim relate to planned unauthorized third-party Zellers stores, among other unauthorized uses of the Zellers brand,” he said in an email. “HBC intends to vigorously pursue this claim.”
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