A trial before a B.C. Supreme Court Justice concerning a trademark dispute between Caribou Brewmasters Inc. and Pacific Western Brewery could be adjourned because the matter has also been taken to the Federal Court of Canada.
In late August, PWB filed an application to the Federal Court seeking to expunge trademarks registered by Caribou Brewmasters in May 2011, arguing the marks were not distinctive at the time they were registered and are confusing with PWB's marks.
Given that the outcome of PWB's application to the Federal Court could have an impact on the B.C. Supreme Court proceeding, Caribou Brewing has agreed it would be worth adjourning that trial, scheduled for Jan. 27, 2014, until the matter is concluded.
However, in a notice of application filed Nov. 12, Caribou Brewing maintains PWB should continue with an examination for discovery related to the B.C. Supreme Court proceeding because PWB's application applies only to the period following registration of the trademarks.
The developments are the latest twists and turns in a legal battle that began in June 2011 when Caribou Brewmasters filed a notice of claim in which it contends the logo and brand for PWB's Cariboo Brewing line of beers is superseded by its own trade name and logo.
The logo for Caribou Brewmasters, a brew-on-premises beer and wine-making retailer, is a green and gold coloured beer mug and wine glass bordered by barley, hops and grapes.
Caribou Brewmasters further claims it has been using that logo since 1993 and has developed a distinctive reputation in central and northern B.C. over that time.
PWB's logo, in turn, has "caused actual confusion" amongst customers, according to Caribou Brewmasters, which claims it has suffered loss of profit and goodwill. It is seeking damages, an injunction against further use of the branding, and destruction of all related material.
PWB is denying Caribou Brewmasters' assertions, arguing that it has an earlier claim to the name through a predecessor, Cariboo Brewing, that was founded near Prince George in 1957 and, following a number of ownership changes, was acquired by PWB in 1991.
