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Intellectual Property

Birds of a Feather Do Not Flock Together

By Ashlee Froese of Gilbert's LLP

International Clothiers Inc. is getting well-acquainted with Canada's Federal Court.  PreviouslyCanadaFashionLaw advised of Target's aggressive strategies prior to actually launching in Canada, which involved International Clothiers Inc.  Now they are on the receiving end of another alleged trade-mark infringement case.  This time it's Canada Goose that's spreading its wings.

Canada Goose recently issued a Statement of Claim against International Clothiers Inc. alleging trade-mark infringement of its trade-marks.  Canada Goose alleges that not only are the trade-marks confusingly similar, but the trade-mark placement and certain design elements of the apparel themselves are also confusingly similar.

In its Statement of Claim, Canada Goose states that it has incurred significant money in marketing its products and brand throughout North America, which has significantly paid off as its notoriety has spread throughout the continent. 

Given the alleged sub-standard quality of the apparel sold by International Clothiers Inc., Canada Goose believes that its reputation and goodwill is becoming tarnished by International Clothiers. 

As of today's date, International Clothiers Inc. has yet to file its Statement of Defence.  This should be an interesting Canadian battle - stay tuned to CanadaFashionLaw for developments!  

View more from Canada Fashion Law and @BrandFashionLaw

(C) Ashlee Froese, 2011. All rights reserved.

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