Costco Wholesale Canada Ltd. c. Simms Sigal & Co. Ltd., 2020 QCCA 1331


Read full decision. Summary prepared by Alan Macek:

Costco appeals a decision finding it interfered in contractual relations on the basis it sold grey market goods in Canada knowing of an exclusive distribution agreement with Simms. Simms had notified Costco of the grey market sales and of its exclusive distribution agreement which Costco had disputed at the time on the basis of trademark law. The QCCA upheld the lower court decision, finding knowledge of the distribution agreement, continued sales and a disregard for the negative effects on Simm. It also upheld punitive damages. (based on a translation)


Canadian Intellectual Property