Does the Violation of a Québec Resident’s Intellectual Property Rights Committed Abroad Confer Jurisdiction to Québec Courts?

By Sarah D. Pinsonnault In Marciano c. Guess? inc., 2015 QCCS 3481, one of the Plaintiffs is Georges Marciano (Marciano), the founder of Guess? Inc., a well-known fashion retailer. In April 2015, after having learned that counterfeit goods that bore his name (i.e. “Guess by George Marciano”) were being sold online from Kuwait, he instituted a 21 million dollar lawsuit against, inter alia, Guess? Inc. (Guess) and demanded that the latter cease unlawfully marketing these items. This was unlawful due to the fact that following the split between Guess and Marciano in 1994, the licence which granted Guess the right to use Marciano’s name and the trademark “George Marciano” was cancelled. The lawsuit in question was instituted before the Québec courts because Marciano, who lives in Montreal, claims to have suffered an injury in Québec. Furthermore, he claimed that because these items could be acquired by Québec residents, this meant that… Lire la suite