January 10, 2022
Hudson's Bay Company (“HBC”) is reportedly taking Robert Moniz and his family to court for alleged trademark infringement, depreciation of goodwill and passing off.
The lawsuit comes after HBC reportedly failed to renew its trademark on "Zellers", which was expunged in September 2020. The Moniz family recently filed various trademark applications and corporate registries, including Zellers Inc., Zellers Convenience Store Inc. and Zellers Restaurant Inc.
HBC outlined that Moniz’s intention was to “either confuse Canadians or recover a payment from HBC”. In addition to using the Zellers name, the Moniz family is using an almost identical logo – red text in the same slanted font that the HBC-owned brand was known for.
In an interview series with CBC Radio’s The Cost of Living, Moniz said his plan is to have restaurants, a convenience store, retail store and a Zellers Express, where customers can order goods online and pick them up in store. He plans to continue using the Zellers name, at least until this matter goes to the Federal Court.
Authors: Rebecca Ro and Meghan King