PC v. PC. Pampered Chef Succeeds In Trademark Infringement Battle: Smart & Biggar Prevails At Trial On Behalf Of Pampered Chef

On July 22, 2019, the Federal Court issued its decision in Loblaws Inc v Columbia Insurance Company, 2019 FC 961. Pampered Chef, a Berkshire Hathaway company and a world-leader in the sale of premium kitchenware products, has succeeded at trial in defending trademark infringement, passing off, and dilution/depreciation of goodwill claims brought by Canada's largest retailer, Loblaws, in relation to its use of a trademark that includes the letters “P”/“C”.

Pampered Chef was successfully represented by Mark Evans, Mark Biernacki, Steven Garland and Graham Hood.

Background

In the 1980s, Loblaws launched its private label brand, President's Choice, and the companion brand PC, in connection with food and grocery products. Over time, Loblaws' use of the PC mark expanded into a range of products and services, including PC branded kitchenware and houseware products, a PC reward incentive program, PC insurance services, PC financial services and PC travel-agency services.

Loblaws registered both the marks PC per se and the PC script logo below for a wide range of goods and services including kitchenware and houseware products:

Pampered...