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
Live updates: What star witness in Trump hush money case has said on the stand so far
The star prosecution witness in Donald Trump's hush money trial is set to take the stand Monday with testimony that could help shape the outcome of the first criminal case against an American president.
Police release 3D images of young child found in an Ontario river two years ago
Police have released a three-dimensional image of a young child whose remains were discovered in the Grand River in Dunnville, Ont. almost two years ago.
Steve Buscemi punched in the face while walking in N.Y.C.
Hollywood actor Steve Buscemi has been treated for injuries after being punched in the face while walking in New York City.
'Be very, very careful': Wildfire conditions 'still extreme,' says Alberta fire chief
As wildfire conditions remain 'extreme' in northern Alberta, residents are being urged to be extra cautious and follow a fire ban.
Air quality advisories issued in 5 provinces, 1 territory
Air quality advisories are in effect across Western Canada as smoky conditions plague some areas, according to the latest forecasts. Here's where.
Canucks' Zadorov fined $5,000 for post-game crosscheck on Oilers' McDavid
A Vancouver Canucks defenceman has been given the highest possible fine under the NHL's collective bargaining agreement after a scrum broke out at the end of Game 3 against the Edmonton Oilers Sunday night.
BREAKING City of Ottawa negligent in allowing Uber to operate outside of taxi bylaw, judge rules
An Ontario Superior Court judge has ruled that the City of Ottawa was negligent in its enforcement of the city's taxi bylaw when it allowed Uber to begin operating in 2014, harming the city's established taxi industry.
Jerry Seinfeld speech prompts pro-Palestinian demonstration at U.S. university graduation ceremony
A tiny contingent of Duke University graduates opposed pro-Israel comedian Jerry Seinfeld speaking at their commencement in North Carolina Sunday, with about 30 of the 7,000 students leaving their seats and chanting "free Palestine" amid a mix of boos and cheers.
Just how bad are ultraprocessed foods? Here are 5 things to know
Many foods fall under the category of ultraprocessed foods, depending on their exact ingredients. This type of food has been studied a lot lately, and the results aren’t great.