The Globe and Mail reports in its Tuesday, June 10, edition that a billionaire B.C. mall owner, Weihong Liu, aims to acquire up to 28 Hudson's Bay store leases through her affiliate, Ruby Liu Commercial Investment Corp. The Globe's Susan Krashinsky Robertson writes that experts warn, however, that her plan to launch department stores called "New Bay" may face trademark issues. The deal is pending agreements with landlords and court approval.
However, the deal for the leases did not include the rights to Hudson's Bay s brands or trademarks. Those assets went to Canadian Tire in a $30-million deal that received court approval last week. The intellectual property that Canadian Tire is acquiring includes several brand names, trademarks and logos, including Hudson's Bay, The Bay and HBC.
Dickinson Wright trademark lawyer Sanjukta Tole said: "I think that there would be significant issues if she were to go ahead with 'The New Bay,' They're very similar." Canada's Trademarks Act prohibits directing the public's attention to a business, or to goods or services, "in such a way as to cause or be likely to cause confusion" with the business, goods or services of another person or company.
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