The Commercial Drive Business Society (CDBS) is suing a business on Commercial Drive, claiming that it used the CDBS logo without permission.
The tiff started last year when the Drive Drugstore Inc.’s alleged operator Serge Biln opened a pharmacy at 1684 Commercial Drive.
The defendants then allegedly started using the CDBS logo: a circular brand that contains the words “Totally Drive certified.” The CDBS alleges that the defendants used the CDBS logo on window displays, on the sidewalk sandwich board sign and in printed media.
The CDBS claims it demanded on several occasions that Biln to stop using its logo but he allegedly ignored their pleas.
As a consequence of his alleged unauthorized logo use, the CDBS says in its May 13 notice of civil claim that it has suffered loss and damages, including:
- loss of use and enjoyment of the Totally Drive logo;
- loss of control over the Totally Drive logo;
- loss of good will;
- loss of reputation;
- confusion among its members as to the proper use of the Totally Drive logo; and
- legal costs.
CDBS seeks a permanent injunction restraining Biln from using the logo, an accounting of all profit that he has made on account of using the logo and damages for passing off the business as being affiliated with the CDBS.
No response to the notice of civil claim had been filed by press time.
None of the allegations has been proven in court.
