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
India's foreign minister reacts to murder charges, claims Canada welcomes criminals
India's Foreign Affairs Minister accused Canada of welcoming criminals from his country in response to the RCMP's recent arrests in a homicide that has roiled tensions between the two countries.
15-year-old boy stabbed in Ottawa on Thursday dies
A 15-year old boy who was critically injured after a stabbing in Nepean on Thursday has died of his injuries, Ottawa's English public school board said Sunday.
Dash cam catches moment suspected drunk driver hits parked car, sends it careening into North Shore flower shop
Police say it’s fortunate no one was injured or killed in a collision at North Vancouver’s Park and Tilford shopping centre Saturday evening that sent one vehicle careening into a flower shop and another into a set of concrete barriers outside a Winners store.
Actor Bernard Hill, of 'Titanic' and 'Lord of the Rings,' has died at 79
Actor Bernard Hill, who delivered a rousing cry before leading his people into battle in 'The Lord of the Rings: The Return of the King' and went down with the ship as the captain in 'Titanic,' has died.
'A tiny city:' Pro-Palestinian campus protesters organize for another week
Pro-Palestinian activists have set up tents at universities in Toronto, Ottawa, Vancouver and Montreal, following a wave of similar protests at campuses in the United States linked to the Israel-Hamas war.
Lawsuit against Meta asks if Facebook users have right to control their feeds using external tools
Do social media users have the right to control what they see — or don't see — on their feeds?
A Holocaust survivor will mark that history differently after the horrors of Oct. 7
This year's Holocaust Remembrance Day, which begins on Sunday evening in Israel, carries a heavier weight than usual for many Jews around the world.
Princess Anne lays wreath at Battle of Atlantic ceremony; honours late Queen
Princess Anne saluted Canadian veterans and current forces members and honoured her late mother during separate ceremonies Sunday in Victoria as she wrapped up a three-day British Columbia West Coast royal visit.
El Nino weakening doesn't mean cooler temperatures this summer, forecasters say
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.