Caribou Brewmasters Inc. has launched a lawsuit against Pacific Western Brewery Ltd., claiming the logo and brand for PWB's Cariboo Brewing line of beers is striking too close to home and creating confusion amongst the purchasing public.
Caribou Brewmasters, a brew-on-premises beer and wine-making retailer, says in a notice of civil claim that it's been using its trade name and logo, a green and gold coloured beer mug and wine glass bordered by barley, hops and grapes, since 1993 and has developed a distinctive reputation in central and northern B.C. over that time.
But in summer 2010, PWB launched a line of beers under the trade name "Cariboo Brewing" also using a green and gold crest, bordered by barley and hops, and has created a "false representation" that Caribou Brewmasters' wares, services and business are PWB's.
PWB has "caused actual confusion" amongst customers, and Caribou Brewmasters has suffered loss of profit and goodwill, the company claims. It's 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.
PWB goes on to say that since at least March 2009, it has been selling Cariboo Genuine Draft in a green can, Cariboo Cream Ale in a black can, Cariboo Honey Lager in an orange can and Cariboo Pale Ale in a blue can, all containing the wording "A Division of Pacific Western Brewing Company" and the website address "cariboobrewing.com."
"The website refers to 'Cariboo Brewing' and features a bottle cap identifying 'Pacific Western' which when clicked re-directs the view to Pacific Western Brewing's website, www.pwbrewing.net," PWB's lawyer writes in the response. "The advertising of Cariboo Genuine Draft and other Cariboo brands is ancillary to their ultimate sales as products of Pacific Western Brewing."
PWB goes on to say it has made significant investment in resources promoting the brand through advertising and promotional items like T-shirts and hoodies, developing significant goodwill through the effort.
PWB also says Caribou Brewmasters had an opportunity to oppose its registration of the trademark for Cariboo Genuine Draft but either decided against or failed to do so.
And Cariboo Springs Ltd., a related corporation to PWB, was incorporated in 1998 and while it is not an operating company at this time, "it is active and its existence has not been challenged by the plaintiff."
PWB further argues that the Trade-marks Act gives it exclusive right to use the trademark with respect to its particular products and that they differ from Caribou Brewmasters' in the sense that PWB makes ready-made beer while the Caribou Brewmasters sells ingredients and equipment to make the product.
Caribou Brewmasters filed its notice of claim in June 2011 and the case remains before the court as a Supreme Court civil matter.
A case planning conference was held Friday at the Prince George courthouse and a trial date has not yet been set.
