snoozies - footcovering - socks - slumber - cozy

Imitators Beware!
Passing off is Illegal

Imitators BEWARE! - Passing off is illegal in Canada

Buyer’s Direct owns Canadian Trade-mark Registration No. TMA818705 for the trade-mark snoozies!® which has been used extensively in Canada and the United States in association with a distinctive and unique style of slipper. The snoozies!® product has a distinct appearance which has come to be associated by Canadian consumers exclusively with Buyer’s Direct. The commercial success enjoyed by the snoozies!® product is attributable, in large measure, to its unique and distinctive get-up and the goodwill associated therewith.

Any distributor’s, manufacturer’s importer’s or other’s calculated and deliberate steps to usurp the reputation and goodwill of the snoozies!® product by displaying, marketing and selling a confusingly similar product in competition with Buyer’s Direct will not be tolerated. The only possible inference will be that the company or organization undertaking these activities is intentionally attempting to pass off its products as and for Buyer’s Direct’s snoozies!® product.

The common law tort of passing off, and its statutory codification in subsections 7(b), (c) and (d) of the Trade-marks Act, has long prevented unfair competition through false representations and imitation of a trade-mark, trade name or get-up (trade dress) where one trader attempts to deceive the public concerning the source of goods. The Supreme Court of Canada made it clear in Ciba Geigy Canada Ltd. v. Apotex Inc., [1992] 3 S.C.R. 120 (S.C.C.) at 132 and more recently in Kirkbi AG v. Ritvik Holdings Inc., 2005 SCC 65 (S.C.C.) at paras. 66 to 69 that the components of a passing off action are: (a) the existence of goodwill; (b) deception of the public through misrepresentation; and (c) actual or potential damage. The goodwill that Buyer’s Direct has developed in the unique and distinctive get-up of its snoozies!® product is a valuable property right assiduously protected at law.

Indeed, the Supreme Court of Canada has recognized the goodwill associated with a distinctive get-up such as the snoozies!® product is “a most valuable form of property”. The law grants Buyer’s Direct the exclusive right to use the get-up associated with its snoozies!® product.

Buyer’s Direct, Inc. aggressively protects its intellectual property and is prepared to litigate if necessary. If litigation becomes necessary, Buyer’s Direct will seek recovery of all its damages and legal costs on a full indemnity basis given that the infringing company or organization has intentionally tried to knock-off the snoozies!® product.

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