A potentially big Canadian fashion law dispute caught our attention last week and we couldn’t wait to tell you all about it. Canada Goose is taking on Sears Canada over Sears’ sale of allegedly infringing jackets. Below is a summary of Canada Goose’s claims against Sears:
- Canada Goose is the designer, manufacturer and distributor of high quality clothing
- Sears is a retailer of low to mid-quality clothing (ouch)
- Canada Goose’s jackets have achieved notoriety in the Canadian marketplace
- The foundation of Canada Goose’s claim lies in its trade-mark and trade dress portfolio. (This is interesting as Canada Goose is claiming exclusivity over the shaping of its jackets, although they are not registered. We are starting to see a trickle in of the fashion design piracy doctrine)
- Components of the trade dress include the length of the jacket and the placement of the zipper and pockets
- Canada Goose has been selling its jackets in Canada since 2005, with an impressive retail value of $225 million in sales
- In September 2013, Sears began selling allegedly similar jackets shapes
Canada Goose is seeking the declaratory and injunctive relief, as well as delivery up of the allegedly infringing merchandise and an accounting of profits.
We don’t often see trade dress-based litigation in Canada between fashion houses, so be sure to stay tuned to CanadaFashionLaw.