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Cannabis dispensary's use of BUDWAY infringes SUBWAY marks, causing passing off and goodwill depreciation.
Subway IP LLC brought an application for trademark infringement, passing off, and depreciation of goodwill against the operators of a cannabis store using the mark "BUDWAY" alongside similar logos and a submarine sandwich mascot.
The respondents did not respond to the application.
The Federal Court found a likelihood of confusion, passing off, and depreciation of goodwill.
The Court granted a permanent injunction, delivery up, $15,000 in damages, and $25,000 in costs.
