A Saskatchewan business has found itself in a trademark flap with international brand Hugo Boss. The fashion label is seeking to prevent Boss Athletics Inc. from using the word “Boss” in its marketing and merchandise.

“They’re concerned that consumers may be confused and might confuse us for Hugo Boss, which — in my opinion — is ludicrous,” said Carley Weisbeck, who co-owns the cheerleading, dance and tumbling gym, which has been operating in Regina for the past six years.

The dispute traces back to a few years ago, when Weisbeck and her business partner Sienna Borland first sought to trademark their business.

“We stand for empowerment and positivity,” said Weisbeck, noting their logo uses a fist instead of an ‘O’ in Boss. “We just thought it was so fitting for all the things that we kind of stand for.”

The Canadian trademark office later notified them that Hugo Boss had contested their use of the word ‘boss.’ The fashion brand then sent the Regina company a cease and desist letter, demanding it stop any use or display of the words Boss or Boss Athletics in its social media and marketing materials.

“That is unsettling to receive obviously, because they were after everything,” said Weisbeck. “They said take down your website, you need to rebrand, we don’t want you using ‘Boss’ at all.”

The two got legal representation and sought to make edits to their brand that they thought would appease Hugo Boss, changing all their merchandise and sportswear to read “BA” or “Boss Cheer Athletics” to ensure that there was no confusion with the fashion brand.

While the dispute seemed to have settled, the trademark war flared up again recently when Instagram notified the pair that Hugo Boss had reported their business for violating trademark rules. Their Instagram account has since been deactivated.

“We’re a little bit confused as to why that’s happened. They’re reporting posts from years ago and something we’d never agreed to do was get rid of our old clothing,” said Borland, adding that one of the offending posts had one girl in a group wearing a shirt sporting the older logo with the word “Boss” on it.

Now, she said, six years of memories and photos have been wiped out.

“Boss is a passion project of Carley and mine. We do it because we love the sport, we love working with the kids,” Borland said, adding that kids have told them about going to the company’s page for a lift in spirits.

“Seeing how it’s affecting our athletes and our families is the hardest part for us for sure.”

Hugo Boss responded to a request from CBC via email, saying in a statement that it had sought to prevent its trademark right, particularly when it came to clothing. It said it did not oppose the existence of the club’s Instagram account or ask for the deletion of the account, but had only requested the removal of certain posts that infringed on its trademark.

“We are still seeking for an amicable solution,” the statement read.

It’s not the first time Hugo Boss has caught attention for fighting to protect its trademark. In 2020, English comedian Joe Lycett even changed his name to Hugo Boss to protest the fashion house and brand’s dispute with a Welsh company that wanted to trademark its business, Boss Brewing.

One lawyer specializing in trademark law said this type of dispute is common. 

“From the outside, it can seem like a David and Goliath issue, and I think that would be the wrong way to think about it,” said Reagan Seidler, who works with Smart & Biggar in Toronto.

“Anyone who is trying to claim rights on the word boss in the clothing space has to know there’s a massive multi-billion dollar brand already centred on that word.”

Trademark owners bear a cost and obligation to keep their brand distinct, even when it seems like the actions of a small business couldn’t possibly hurt them, he said.

“That’s because if you don’t enforce all unauthorized use, it makes it harder to attack the really problematic issue, especially of counterfeiters,” Seidler said, noting uses of the word “Boss,” particularly in a clothing space, can dilute the power of the brand.

His advice to business owners is to spend money on hiring a lawyer before entering the trademark space, to help avoid similar problems.

As for Regina’s Boss Athletics Inc., the owners have shelved their old clothes and logos, but are still hoping to see the return of their Instagram page.

“Quite frankly we would love Hugo Boss to go away and leave us alone, but more so, we want that page back, we want those memories back,” said Borland. “We want those back for the kids.”