Les Industries Lassonde brought a lawsuit against Olivia’s Oasis, claiming that the Olivia’s Oasis trademark for skin care products created consumer confusion with their well-known mark OASIS for fruit juice. Not only did the defendant rebut the trademark claims, it also argued that the lawsuit against it was abusive litigation under relatively new provisions of the Quebec Code of Civil Procedure. As Professor Scassa explains in the film, “People sometimes refer to such practices as TM bullying or copyright bullying because there are going to be some individuals or small businesses that simply don’t have the resources to fight.” At trial, the Court agreed with Olivia’s Oasis, who awarded $125,000.
While accepting the trademark law outcome, Les Industries Lassonde appealed the award of damages to the Quebec Court of Appeal. This Court found that Lassonde’s motives in commencing litigation were not improper. After all, they opined, a trademark that loses its distinctiveness can no longer function as a trademark; a trademark owner must therefore take the necessary steps to preserve the distinctive character of its marks. It nullified the award of damages to the defendant.
In a very short space of time, Les Industries Lassonde faced an unprecedented public backlash on social media – one that ultimately led them to compensate Olivia’s Oasis for the legal fees that had left the small company teetering on the edge of failure.
Heidi Lasi’s documentary is a crisp, engaging account of this case and its aftermath. The film leaves the viewer with an appreciation of the power of social media to create a “court of public opinion”; and suggests that the Olivia’s Oasis affair heralds an important change in how trademark holders must approach the protection of their trademarks and brands.
Click here to watch the documentary
