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
BREAKING Security guard shot, seriously injured outside of Drake's Toronto mansion
A security guard working at Drake’s Bridle Path mansion in Toronto was seriously injured in a shooting outside the residence early Tuesday morning, police said.
King Charles too busy to see son Prince Harry during U.K. trip
Prince Harry will not be seeing his father King Charles during his current visit to Britain as the monarch will be too busy, Harry's spokesperson said on Tuesday.
opinion Tom Mulcair: Turfing Poilievre from House a clear sign of desperation by Trudeau Liberals
When Speaker Greg Fergus tossed out Pierre Poilievre from the House last week, "those of us who have experience as parliamentarians simply couldn't believe our eyes," writes former NDP leader Tom Mulcair in his column for CTVNews.ca
Your body needs these three forms of movement every week
Movement is movement, right? Not exactly. Here’s what your body is looking for in addition to your morning walk or yoga session, according to experts.
Six Canadian children repatriated from detention in Syria, Global Affairs Canada says
The Global Affairs Department says six Canadian children have been repatriated from detention in northeastern Syria.
'It looked so legit': Ontario man pays $7,700 for luxury villa found on Booking.com, but the listing was fake
An Ontario man says he paid more than $7,700 for a luxury villa he found on a popular travel website -- but the listing was fake.
Quebec to limit sperm donations per donor after 3 men from same family father hundreds of children
Quebec is looking at tightening the regulations around sperm donation in the province following the release of a documentary that revealed three men from the same family fathered hundreds of children.
Canadian cadets rock mullets and place second at U.S. military competition
Sporting mullets, Canadian Armed Forces officer cadets placed second in an annual military skills competition in the U.S.
Ford to recall some pickup trucks in Canada over tail light failure
Ford is set to recall some pickup trucks in Canada due to potential tail light failure.