A B.C. Supreme Court Justice will hear the arguments early next year on a trademark dispute between Caribou Brewmasters Inc. and Pacific Western Brewery.
At issue is the logo and brand for PWB's Cariboo Brewing line of beers, which Caribou Brewmasters contends is superceded by its own trade name and logo, a green and gold coloured beer mug and wine glass bordered by barley, hops and grapes.
According to a notice of claim filed nearly a year ago, Caribou Brewmasters, a brew-on-premises beer and wine-making retailer, 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 Cariboo 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.
The case will be heard January 27, 2014 at the Prince George courthouse.
