Discussion

MUST POST FIRST Subscribe Hermes Canada Inc. v. Henry High Class Kelly Retail Store, 2004 BCSC 1694 (CanLII); (2004) 37 C.P.R. (4th) 244 The defendants operated a store in the Vancouver area that carried a line of handbags and other products, all of which were copies of the famous Hermes brand. The term Hermes didn't appear on any of the products and on very close inspection "HENRY HIGH CLASS KELLY" (the name of the store) was imprinted on the handbags and other products in question. Hermes brought this action to stop the sales of these products. On what basis should Hermes base their complaint and what remedy would be appropriate? Would it affect your answer to know that there is no registered trademark or other protection in the design of the bags themselves, just the Hermes name