The owner of a Vancouver pot shop, Budway, has been ordered to destroy all of its signage after being sued by the Subway franchise for trademark infringement.
According to a federal court decision issued June 10, William Matovu is to pay $40,000 for copying SubwayBԪַs branding and tarnishing the franchiseBԪַs reputation as a result.
The storeBԪַs mascot is a red-eyed, cannabis-filled sandwich smoking a joint. The mental linkage between the dispensaryBԪַs mascot sandwich and Subway is BԪַinescapable,BԪַ said Justice Nicholas McHaffie in his ruling.
BԪַItBԪַs the way, budBԪַ appears below the mascot in pictures on BudwayBԪַs social media and at its 1024 Clark Drive store.
The shopBԪַs logo also uses colour patterns and arrow motifs similar to that of SubwayBԪַs, said McHaffie.
People commenting on the shopBԪַs social media posts made the link between Budway and Subway, the company argued.
Matovu had not mounted a defence against the Subway franchiseBԪַs lawsuit. As of publishing this article, photos of the sandwich mascot and logo are still up on BudwayBԪַs Instagram.
sarah.grochowski@bpdigital.ca
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