I was scrolling through today’s news and came across something that is an interesting (and perhaps more compelling) Canadian complement to last week’s discussion on Taylor Swift’s Evermore trademark lawsuit.
According to this CBC article and the Statement of Claim (found online), The Tragically Hip are suing a Toronto-based brewery (Mill Street Brewery) for trademark infringement related to the brewery’s promotion of its “100th Meridian Lager” in relation to the band’s famous hit single “At The Hundredth Meridian”. Para 12 of the Statement of Claim reads:
“Mill Street has passed off on The Tragically Hip’s valuable reputation and goodwill in the TTH Trademarks. Mill Street has drawn public attention to its wares, services, and business by unlawfully misrepresenting that a business connection exists between its 100th Meridian and The Tragically Hip in a manner that causes (or is likely to cause) confusion, and that has caused actual or potential damage to The Tragically Hip, contrary to section 7(b) of the Trademarks Act.”
The Claim also includes a number of screenshots from Mill Street’s social media accounts, where the lager is promoted alongside The Hip’s merch and albums, and in reference to the band’s performances (including Gord Downie’s final show). The Claim further alleges that Mill Street encouraged these misleading associations on various social media platforms, deliberately failed to clarify instances of incorrect associations, and leveraged this association for their unlawful profit, at The Hip’s expense.
The CBC article also mentions that The Hip had tried to settle things with Mill Street prior to resorting to the lawsuit. Mill Street’s website still lists the 100th Meridian as part of its year-round “Core Brand” beers.
Communications Law