Canadian Retailer Hudson Bay in trade mark dispute over “Make Canada Great Again” caps

Ezra Levant’s Rebel Media has recently filed a trade mark infringement lawsuit against Canadian Retailer Hudson Bay for the unauthorized use of the slogan “Make Canada Great Again” on their baseball caps.

The statement filed by Rebel on May 24 in the Federal Court of Canada claims the Canadian Retailer sells baseball caps among other items, in which the slogan is carried.

Rebel successfully registered the mark earlier this year and claim to have been using it in Canada “continuously and extensively” since.  Rebel has also registered “Make Alberta Great Again”.  Both marks cover a wide range of goods and services ranging from television programs and podcasts to mugs, t-shirts and hats.

The products sold by Hudson Bay are available in store, online and are listed on Amazon and Ebay. The claim states “Rebel Media has rigorously defended its rights in the Make Canada Great Again registered trade-mark since it introduced the brand in Canada. As a result, the Make Canada Great Again registered trade-mark is recognized throughout Canada as distinguishing Plaintiff’s goods and services from those of others.”

The claim further expresses Rebel’s concerns that the use of the company’s slogan will mislead and confuse consumers as to the origin of the products which are identical to those sold by the retailer.

“Considering Defendant’s continued infringement despite being aware of the Plaintiff’s registered trade-mark rights, Defendant is likely to continue its infringing activities,” the claim states.

In the suit, Rebel Media are seeking unspecified damages for trademark infringement, its monetary claim exceeding $50,000.

By Sena Tokel