Canada Goose sues Sears over winter coats

High end clothes maker Canada Goose has slammed “low to mid quality” retailer Sears for trademark and trade dress infringement.

In a complaint filed on November 5 at Toronto’s Federal Court, Canada Goose wants a permanent injunction and damages for the alleged mimicking of its parka jackets.

Canada Goose, a “Canadian success story” according to the complaint, sells clothes in more than 200 Canadian retail stores and has made more than CA$225 million ($214.5 million) since 2005.

At issue are three trademarks – a word mark for Canada Goose and two design marks – as well the jacket’s trade dress, described as the Canada Goose trademark in a circular logo, positioned on the shoulder of the arm, and real fur on the hood.

The Kensington Jacket, one of the most well known parka jackets, comprises additional trade dress features, including a three-quarter length design.

Since September 2013 Sears has been selling coats using an infringing circular logo positioned on the upper sleeve, as well as other features that infringe the Kensington Jacket’s trade dress, the complaint alleges.

“By its deliberate and intentional adoption of the offending logo, the offending trade dress and the use of trademarks such as Canada’s Best and Sears Approved, the defendant is deliberately seeking to mislead consumers and potential consumers into believing that they are purchasing a ‘lower end’ Canada Goose jacket that is intended for sale at Sears stores, or a jacket that has been authorised ... for sale at Sears.”

Canada Goose says there has been at least one instance of confusion. The trade dress claims also apply to the Canada Goose’s Weather Gear coats.

The complaint quotes Doug Campbell, Sears chief executive, as saying in October 2013 that Sears customers want the best and most affordable winter coat “like the Sears version of the elite and expensive Canada Goose parka”.

Trade-dress litigation between two Canadian fashion houses is unusual, said Ashlee Froese, fashion lawyer at Gilberts LLP in Toronto.

“It goes deeper than straight up trademark infringement; we see that all the time.”

Sandra Ward, trademark agent at law firm Moffat & Co in Ontario, agreed: “I haven’t seen it before.”

When faced with trade dress claims, “it can be uphill” for the defendant, Froese said, “especially in the fashion industry, because there is a misconception that because it is utilitarian it is not distinctive”.

But she noted that the case is still in its very early stages and the chances of a settlement are strong.

Sears has until December 5 to respond to the complaint.

Lawyers for Canada Goose declined to comment. Sears could not be reached.