
Vancouver Pot Shop has just been sentenced by the court to pay the subway $ 40,000 for ripping off its logo
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A legal cannabis store in Vancouver, Canada has to pay $ 40,000 to the Subway sandwich chain, and they won’t even get a single sub in return.
Last week, the Canadian federal court ruled that the Budway Cannabis & Wellness store in East Vancouver had deliberately infringed the Subway logo and trademark. In addition to the obvious similarities between company names, the Budway logo includes pointed arrows similar to those used on the sandwich chain logo. And to make things even clearer, the pot shop also features a cartoon mascot of a grass-filled sub sandwich.
In his ruling, Judge Nicholas McHaffie described the mascot as “a cannabis leaf-filled submarine sandwich with what appeared to be bloodshot and half-open eyes.” In a video clip from Instagram, this mascot can be seen “what probably smokes a joint, with the legend ‘It’s the way, bud’ underneath”. The judge concluded that “the mental connection is inevitable”.
Budway knew they were caught and didn’t even bother to hire a lawyer or otherwise defend himself on the case. The judge ruled that Budway had deliberately infringed two subway brands and used them “in a manner that is likely to have the value of the goodwill” of the sandwich chain. The weed shop was also found guilty of drawing public attention to its shop, which could cause confusion between it and Subway.
The court sentenced Budway and its owner, William Matovu, to pay Subway $ 15,000 in damages plus $ 25,000 in legal fees. Shopkeepers are instructed to cease operating under the Budway name and must destroy or surrender any sign, merchandise, packaging, or advertising that includes their logo or mascot. The company has also been banned from promoting its business with the Budway logo.
As the visibility of the cannabis industry grows, companies are increasingly looking for cannabis companies that are demolishing their brands. Just last year, a Canadian court ruled that Herbs R Us, another legal cannabis dispensary in Vancouver, had infringed the brands of the Toys “R” Us chain. And in the US, cannabis companies have been beaten with infringement lawsuits from companies like Kool cigarette maker ITG, Gorilla Glue, and the Girl Scouts of America.
Large confectionery companies have also won a number of lawsuits against cannabis companies for making edibles that parody popular confectionery brands. Earlier this year, candy and chewing gum company Mars Wrigley sued cannabis companies in Canada, California and Illinois for tearing down the logos of their popular Skittles and Starburst products. Hershey’s has also sued dozens of companies for fluting their trademarks, and the Ferrara Candy Company is cracking down on companies selling infused nerds rope candy.
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