The Aftermath of Fake Abercrombie & Fitch found in Giant Tiger Stores

Par Sarah D. PinsonnaultIn Avant Garde international inc. c. Giant Tiger Stores Ltd. (2013 QCCS 5056), we are reminded that when something seems too good to be true (such as an Abercrombie & Fitch shirt for $12.93), it most probably is. In these instances, questions should be raised and the failure to do so can result in a party being barred from making any claims afterwards.  BackgroundThe Plaintiff, Avant Garde International Inc. (“Avant Garde”), acted as the middleman between the Defendant, Giant Tiger Stores Ltd. (“Giant Tiger”), and clothing manufacturers in China. Giant Tiger would place orders with Avant Garde for such things as Abercrombie & Fitch (“A&F”) and Hollister clothing. In turn, Avant Garde would procure these articles from companies in China and deliver them to Giant Tiger, who would then sell them across Canada in its numerous discount stores.In early 2007, Abercrombie & Fitch Trading Co. (“Abercrombie”), owners… Lire la suite