Walmart facing Christmas lights IP lawsuit

Retailer Canadian Tire has demanded Walmart stop selling Christmas light clippers that it claims infringe trademarks and industrial designs.

The dispute concerns the alleged infringement of Canadian Tire’s Quick-Clips Lights, devices enabling people to attach Christmas lights to a property.

Canadian Tire established the brand in 2013. It has accused the Canadian division of Walmart of selling products that infringe its industrial designs.

Furthermore, Canadian Tire has also accused Walmart of using its trademarks and trade dress to associate its lights with the Quick-Clips Lights brand.

Walmart has “acted opportunistically” and “attempted to capitalise on the significant goodwill and reputation in ... the plaintiff’s successful Quick-Clips Lights trademarks and indicia”, Canadian Tire said.

“There is therefore a very strong overall visual similarity and identity between the packaging and products displayed on the exterior of defendant’s Quick-Clips packaging and the plaintiff’s Quick-Clips Lights trademarks and trade dress,” Canadian Tire stated in a court document filed last month at the Federal Court of Canada.

Canadian Tire is requesting the court fine Walmart C$500,000 ($368,000) and impose an injunction on the allegedly infringing products.