A Quebec man whose family behind a series of trademark applications using the Zellers name says Hudson’s Bay Co. missed out on its chance to retain rights to the name. HBC’s “lawyers didn’t do their work. The trademark was expunged,” Robert Moniz said in a CBC Radio interview. “They had enough time to take over the trademark. They didn’t take it.”
Members of the Moniz family are named in a statement of claim filed by HBC in October, with allegations including trademark infringement and deceptive marketing. Trademark lawyer Julie MacDonell says that even if HBC’s trademark lapsed, it may still have a case against the Monizes if it can show they’re using the name for similar business types that could engender consumer confusion.
