Toys 'R' Us Just Went To Copyright War With A BC Weed Shop & They Did Not Come To Play
A B.C. pot shop is being forced to pay up after getting tangled up in a copyright battle. On June 11, Herbs "R" Us Wellness Society, a cannabis store in Vancouver, lost a federal court ruling against toy company Toys "R" Us. As a result, Herbs "R" Us owes the toy giant a chunk of change.
According to the official federal court document, Toys "R" Us Canada accused the weed store of "depreciating the goodwill" attached to the name and logo.
The document said that Herbs "R" Us didn't even respond to the application filed against them.
So the judge of the case, Nicholas McHaffie, used only the evidence provided by Toys "R" Us to make his final decision.
Toys "R" Us asked for $25,000 in damages from the weed store, but the judge thought the amount was too steep.
So he ruled that Herbs "R" pay them $15,000 for the "depreciation of goodwill." The store also has to pay another $15,000 for the cost of the application filed by Toys "R" Us.
The store also has to destroy all "goods, packages, labels and advertising material" that bears the name of the "Herbs 'R' Us" name and logo.
Narcity has reached out to both Herbs "R" Us and Toys "R" Us for comment and we will update the article when we receive a response.
According to the court document, Toys "R" Us made some other accusations.
Herbs "R" Us used the trademark in a "planned and deliberate" manner, the document stated. They also made "half-hearted efforts to rebrand their online presence."
Toys "R" Us sought $50,000 more for the "use of a brand associated with children amounts to targeting an illegal dispensary business at children."
The toy store called this last detail "particularly reprehensible." But the judge didn't see it that way.
According to the document, the judge doesn't think a customer, even one with an "imperfect recollection of the [Toys 'R' Us]" brand, would somehow believe that Herbs "R" Us and Toys "R" Us were related.