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Vancouver pot shop loses trademark battle with Toys ‘R’ Us

A Toys "R" Us sign is seen in Montreal on September 19, 2017.
A Toys "R" Us sign is seen in Montreal on September 19, 2017. THE CANADIAN PRESS/Paul Chiasson

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.

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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.

Vancouver’s first legal pot shop celebrate one year in business
Vancouver’s first legal pot shop celebrate one year in business

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

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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.