Owner of Budway pot shop in Vancouver ordered to pay $40K after copying Subway's branding
The owner of a Vancouver pot shop has been ordered to pay $40,000 to Subway for having copied its branding and logo.
In a decision last week, the Federal Court ruled the Budway cannabis dispensary in East Vancouver had infringed on Subway’s trademark logo and that the shop was benefiting from its association with the eponymous sandwich shop while damaging its brand.
Budway’s storefront is located on Clark Drive, a loud multi-lane truck route, and features large signs with obvious similarities to Subway’s branding, both in its name and graphics. Subway sued the pot shop and won.
“The mental linkage is inescapable,” Justice Nicholas McHaffie wrote in his ruling.
Budway has also been using a sandwich mascot, as evidenced in videos and photos on the store’s Instagram page. The judge describes the mascot as being “in the form of a submarine sandwich filled with cannabis leaves, with what are apparently bloodshot and half-opened eyes” and “smoking what is presumably a joint.”
Photos of the pot sandwich mascot and the Budway logo are still up on the shop’s Instagram page as of publishing this article, four days after the ruling was made.
People commenting on the shop’s social media posts were also making the link between the Budway shop and Subway, according to the ruling.
The shop, Budway, Cannabis & Wellness Store and owner William Matovu have been ordered to pay $15,000 in damages to Subway and $25,000 to cover Subway’s legal fees. Budway has also been ordered to destroy any “goods, packaging, labels and advertising material” that bear its logo.
Budway’s branding damaged the “goodwill” that customers have towards Subway, said McHaffie. That’s because the shop sells marijuana, which the judge said is “in contrast with the ‘healthy and active’ lifestyle” of the Subway brand. Furthermore, it appears to be operating without a provincial dispensary license and has “a somewhat downmarket exterior presence.”
The judge also noted that the shop and its owner had not mounted a defence against Subway’s lawsuit.
One year ago, another Vancouver pot shop, then called Herbs R Us, lost a legal battle with retailer Toys “R” Us. The Budway case has many similarities, said the judge, and he used it as precedent for deciding the amount of money that Budway should pay in damages.
CTVNews.ca Top Stories
'One of the single most terrifying things ever': Ontario couple among passengers on sinking tour boat in Dominican Republic
A Toronto couple are speaking out about their 'extremely dangerous' experience on board a sinking tour boat in the Dominican Republic last week.
What Canadians think of the latest Liberal budget
A new poll suggests the Liberals have not won over voters with their latest budget, though there is broad support for their plan to build millions of homes.
opinion Why you should protect your investments by naming a trusted contact person
Appointing a trusted person to help with financial obligations can give you peace of mind. In his personal finance column for CTVNews.ca, Christopher Liew outlines the key benefits of naming a confidant to take over your financial responsibilities, if the need ever arises.
Teacher shortages see some Ontario high school students awarded perfect grades on midterm exams
Students at a high school in York Region have been awarded perfect marks on their midterm exams in three subjects – not because of their academic performances however, but because they had no teacher.
'My stomach dropped': Winnipeg man speaks out after being criminally harassed following single online date
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.
Photographer alleges he was forced to watch Megan Thee Stallion have sex and was unfairly fired
A photographer who worked for Megan Thee Stallion said in a lawsuit filed Tuesday that he was forced to watch her have sex, was unfairly fired soon after and was abused as her employee.
Ottawa injects another $36M into vaccine injury compensation fund
The federal government has added $36.4 million to a program designed to support people who have been seriously injured or killed by vaccines since the end of 2020.
An Ontario senior thought he called Geek Squad for help with his printer. Instead, he got scammed out of $25,000
An Ontario senior’s attempt to get technical help online led him into a spoofing scam where he lost $25,000. Now, he’s sharing his story to warn others.
Her fiance has been in prison for 49 years. She's trying to free him before it's too late
Christine Roess is a retired consultant. Ezra Bozeman has spent the last 49 years in prison, serving a life sentence for a murder he says he didn’t commit. Against the odds, the two fell in love.