Les Industries Lassonde brought a lawsuit against Olivia鈥檚 Oasis, claiming that the Olivia鈥檚 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, 鈥淧eople 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鈥檛 have the resources to fight.鈥 At trial, the Court agreed with Olivia鈥檚 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鈥檚 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 鈥 one that ultimately led them to compensate Olivia鈥檚 Oasis for the legal fees that had left the small company teetering on the edge of failure.
Heidi Lasi鈥檚 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 鈥渃ourt of public opinion鈥; and suggests that the Olivia鈥檚 Oasis affair heralds an important change in how trademark holders must approach the protection of their trademarks and brands.
