Arc’teryx v. Adidas: The Battle of TERREX, an important case on trademark injunctions

In the recent decision of Amer Sports Canada Inc. v. Adidas Canada Limited,[1] the Supreme Court of British Columbia granted Arc’teryx an interlocutory injunction, temporarily preventing Adidas from using the word “TERREX” in association with its retail stores until a decision is made at trial.

Arc’teryx is owned by Amer Sports Canada, which is a global group of sports and outdoor brands. Arc’teryx is a Canadian company that was founded in Vancouver in 1989 and is the owner of the registered trademark for ARC’TERYX, which grants the company exclusive use of the mark in association with various goods and services, including retail store services and online retailers across Canada.

In January 2023, Adidas Canada opened a new retail store at 2235 W. 4^th Ave. in Kitsilano, Vancouver. The storefront banner includes the signature Adidas “performance bars” (pictured below), accompanied by the word “TERREX”. The name “Adidas” does not appear anywhere on the storefront banner. The store is located down the street from Arc’teryx’s Kitsilano flagship.