Canadian Pot Co. 'Budway' Must Pay Subway For Infringement

By Diana Novak Jones (June 16, 2021, 8:26 PM EDT) -- Sandwich chain Subway won a trademark infringement action against a Canadian cannabis dispensary calling itself Budway after the Canadian Federal Court agreed that the pot store's name, logo and pot-smoking sandwich mascot were likely to confuse customers.

In a ruling issued June 10, Vancouver dispensary Budway, which didn't respond to Subway's infringement application, was permanently barred from using the Budway name, ordered to destroy anything with its branding and directed to pay Subway 40,000 Canadian dollars ($32,690) in damages and costs.

"I am ... satisfied that there is a linkage, connection, or mental association likely to have an effect on goodwill,"...

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