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
How quietly promised law changes in the 2024 federal budget could impact your day-to-day life
The 2024 federal budget released last week includes numerous big spending promises that have garnered headlines. But, tucked into the 416-page document are also series of smaller items, such as promising to amend the law regarding infant formula and to force banks to label government rebates, that you may have missed.
Which foods have the most plastics? You may be surprised
'How much plastic will you have for dinner, sir? And you, ma'am?' While that may seem like a line from a satirical skit on Saturday Night Live, research is showing it's much too close to reality.
opinion I've been a criminal attorney for decades. Here's what I think about the case against Trump
Joey Jackson, a criminal defence attorney and a legal analyst for CNN, outlines what he thinks about the criminal case against Donald Trump in the 'hush money trial.'
$3.8M home in B.C.'s Okanagan has steel shell for extra wildfire protection
A home in B.C.'s Okanagan that features a weathering steel shell designed to provide some protection against wildfires has been listed for sale at $3.8 million.
Diver pinned under water by an alligator figured he had choice. Lose his arm or lose his life
An alligator attacked a diver on April 15 as he surfaced from his dive, nearly out of air. His tank emptied with the gator's jaws crushing the arm he put up in defence.
Psychologist becomes first person in Peru to die by euthanasia after fighting in court for years
A Peruvian psychologist who suffered from an incurable disease that weakened her muscles and had her confined to her bed for several years, died by euthanasia, her lawyer said Monday, becoming the first person in the country to obtain the right to die with medical assistance.
Mystery surrounds giant custom Canucks jerseys worn by Lions Gate Bridge statues
The giant stone statues guarding the Lions Gate Bridge have been dressed in custom Vancouver Canucks jerseys as the NHL playoffs get underway.
Celebrity designer sentenced to 18 months in prison for smuggling crocodile handbags
A leading fashion designer whose accessories were used by celebrities from Britney Spears to the cast of the 'Sex and the City' TV series was sentenced Monday to 18 months in prison after pleading guilty in Miami federal court on charges of smuggling crocodile handbags from her native Colombia.
Wildfire leads to evacuation order issued for northeast Alberta community
An evacuation order was issued on Monday afternoon for homes in the area of Cold Lake First Nation.