Cosmetic Surgery Advertising Materials

Loblaw's marketing push hits a trademark snag

In April, the grocery giant launched the label to pitch its general merchandise lines, including Joe Fresh Style apparel, President’s Choice home goods, and electronic gadgets. The company is rolling out everydayliving aisles in a growing number of its stores, underscoring a critical Loblaw initiative to bolster its higher-margin, non-food business.

But a dispute with the owner of a website called everydayliving.com, which provides promotions and information on a wide range of topics, threatens to derail Loblaw’s efforts. The site’s owner is challenging the retailer’s right to use the name on the basis that it already owns the registered trademark to everydayliving on the Web and in print.

Now Loblaw faces a setback as a result of the spat: Facebook this week yanked the supermarket chain’s everydayliving material from its site.

“Their [everydayliving] advertising is exactly the same as our trademark,” said Sandra Freer, owner of SDA Publishing Inc. and its website, everydayliving.com. Ms. Freer complained to Facebook that Loblaw was violating her trademark rights. “They are purposely diluting our brand,” she said.

Loblaw spokeswoman Julija Hunter said on Thursday that the retailer is in discussions with Facebook “to understand why they made this decision” to drop Loblaw’s everydayliving page from its site.

The retailer has no plans to introduce an everydayliving website “at this time,” she said, adding Loblaw “graciously declined” an offer by Ms. Freer to sell her site name. “We have not made any major adjustments to our everydayliving marketing program,” Ms. Hunter said in an e-mail on Wednesday.

Loblaw is counting on the relaunch of its general merchandise lines to help revive its non-food business. For years, those sales have been pinched, forcing the company to clear out unsold products at a discount, hurting its profit margins. At the same time, it was missing out on generating profits that can be double those of food.

In early 2010, the chain hand-picked style guru Joe Mimran, designer of its Joe Fresh fashions, to lead the entire non-food project. But the wrangling over the use of everydayliving could handicap Loblaw’s push to put a spotlight on its new branding in print catalogues and online.

Ron Dimock, an intellectual property lawyer with Dimock Stratton LLP in Toronto, said Loblaw could face problems if its use of everydayliving is “confusingly similar” to that of Ms. Freer. Her registration technically covers only the phrase “www.everydayliving.com,” he noted.

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