Court Rules on Logo Infringement

In a decision rendered on January 7, 2005, Justice Michel Beaudry of the Federal Court found in favour of Tommy Hilfiger Licensing Inc. and Tommy Hilfiger Canada Inc. in an action for trade-mark infringement brought against Produits de Qualite I.M.D. Inc. (Quality Goods) and Harold Rosen.

In that case, Quality Goods had sold over $2 million of merchandise targeted at the tourist market, including articles of clothing and souvenir items. The merchandise was marked with a logo featuring a flag design bearing the words “Explore Canada” and a maple leaf. The court concluded that the logo bore a high degree of visual resemblance to the well known Tommy Hilfiger flag design, and that the plaintiffs’ registration of the Tommy Hilfiger flag design was valid and was deemed to have been infringed. The defendant, Harold Rosen, was the president and a director of Quality Goods. The court did not, however, find Mr. Rosen personally liable for the activities of Quality Goods.

Quality Goods has filed an appeal against the finding.

Glen Bloom assisted by Melissa Fisher, both of Osler, Hoskin & Harcourt LLP in Ottawa, acted on behalf of the plaintiffs. Arthur Sanft of Arthur Sanft Law Office in Montreal was counsel for Quality Goods. Aaron Rodgers of Spiegel Sohmer Inc. in Montreal acted on behalf of Mr. Rosen.