A Toys "R" Us sign is seen in Montreal on September 19, 2017. A Vancouver cannabis dispensary may need a new name and logo after a legal battle with retailer Toys “R” Us (Canada) Ltd. THE CANADIAN PRESS/Paul Chiasson

Toys “R” Us wins case against B.C. cannabis dispensary with similar branding

VANCOUVER – A Vancouver cannabis dispensary is going to need a new name and logo after losing a legal battle with retailer Toys "R" Us (Canada) Ltd.

A federal judge ruled Herbs "R" Us Wellness Society has used Toys R Us's registered trademark in a way that damages the goodwill attached to it.

Toys "R" Us argued that Herbs "R" Us's green logo with a cannabis leaf in the middle of the 'r' uses a similar font and arrangement of letters as the toy store.

Judge Nicholas McHaffie ruled Herbs "R" Us must destroy any goods, packages, labels and advertising material in its possession that bear the similar logo.

He ordered the dispensary to pay to Toys "R" Us $15,000 damages and $15,000 for the costs of its court application.

McHaffie's ruling says Herbs "R" Us never responded to the application.

This report by The Canadian Press was first published June 12, 2020.

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Carli Berry

Carli Berry has been telling stories in the Okanagan for the past three years and after finding her footing in the newspaper industry, joined the Infonews team in January 2020. Recipient of the 2019 MA Murray award for feature writing, Carli is passionate about stories that involve housing, business and the environment. Born on Vancouver Island, she is happy to say Okanagan Lake reminds, her slightly, of the ocean. Carli can be reached at (250) 864-7494 or email cberry@infonews.ca.

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