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 Subway鈥檚 branding and tarnishing the franchise鈥檚 reputation as a result.

The store鈥檚 mascot is a red-eyed, cannabis-filled sandwich smoking a joint. The mental linkage between the dispensary鈥檚 mascot sandwich and Subway is 鈥渋nescapable,鈥� said Justice Nicholas McHaffie in his ruling.

鈥淚t鈥檚 the way, bud鈥� appears below the mascot in pictures on Budway鈥檚 social media and at its 1024 Clark Drive store.

The shop鈥檚 logo also uses colour patterns and arrow motifs similar to that of Subway鈥檚, said McHaffie.

People commenting on the shop鈥檚 social media posts made the link between Budway and Subway, the company argued.

Matovu had not mounted a defence against the Subway franchise鈥檚 lawsuit. As of publishing this article, photos of the sandwich mascot and logo are still up on Budway鈥檚 Instagram.

sarah.grochowski@bpdigital.ca
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