Court case concerns who has the rights to sell certain types of men’s clothing, such as sweaters and pants, with the name Genesis on them
A Toronto clothing store that is half a century old has spent more than four years and tens of thousands of dollars in legal fees fighting a David-and-Goliath battle with one of the world’s largest automakers over the rights to its own name.
In 1987, at the advice of a customer, Gene applied to register a trademark for the specific purposes of his business: operating a men’s clothing store and for items it carries, including suits and ties. John, who had worked at the store at the beginning of his career before working elsewhere, said he saw many familiar faces when he returned to the shop as a co-owner.
In late 2018, Lavery filed a challenge with the federal Registrar of Trademarks. The challenge required the owners of the Genesis clothing store to produce evidence, such as photos and documentation, proving that they were still using the name of their company for the purposes of the trademark. “It’s been very expensive for us over 4½ years,” he said. “Delays, delays. Going to court. Affidavits. Cross-examination, even. The cost of this, to a small business like us, is very trying right now.”
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