Target v. Target

Author: Alexander Stack Professional Corporation |

Big recent news was Target (US) 's aquisition of Zellers, a Canadian chain of discount stores, for $1.8 billion from HBC.

HBC sold the bulk of its weakest chain, Zellers Inc., to the U.S. retail giant. Target will assume control of up to 220 Zellers stores and said it will spend more than $1-billion to convert 100 to 150 of them to its own banner within the next two to three years.

Interesting trademark aspect: Another store company in Canada, Fairweather, already owns a registered Canadian trademark for TARGET APPAREL for men's clothing, which dates back to 1981. According to this article, Fairweather acquired the trademark from Dylex, a failed Canadian retailer, in 2001, and opened its first Target Apparel store in 2005. Interestingly, there was a s.45 challenge to expunge the mark for non-use around 2005. Litigation has begun.

Target (US) is hardly unknown in Canada. It claims that

Target’s research suggests it will have a following when its launches in Canada. It found that 10 per cent of Canadians shop at Target and 70 per cent are familiar with its brand.

This will be an interesting case to watch, assuming its doesn't settle before judgment.

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