The Tragically Hip has filed a lawsuit in opposition to Toronto-based Mill Avenue Brewery, alleging it has used the title of one of many band’s hits ‘On the Hundredth Meridian’ to model and promote considered one of its beers.
In a statement of claim filed in an Ontario court docket on Tuesday, Tragically Hip Inc., claimed the brewery has branded and marketed its ‘100th Meridian Amber Lager’ to “go off on the celebrity, goodwill and popularity” of the Tragically Hip.
In 1992 the band — initially from Kingston, Ont. — launched Totally Fully, the album that featured ‘On the Hundredth Meridian.’
The swimsuit alleges Mill Avenue Brewery “engaged in a course of conduct to, unilaterally and with out permission, trip on the coat tails of one of the beloved bands in Canadian music historical past by advertising and marketing its beer close to The Tragically Hip and considered one of its many quintessentially Canadian chart-topping tracks, ‘On the Hundredth Meridian.’”
The band additionally claims the brewery “intentionally amplified these efforts” throughout its last tour in 2016, after frontman Gord Downie had been recognized with terminal most cancers.
International Information has despatched a request for remark to Mill Avenue Brewery and to its guardian firm Anheuser-Busch InBev, however didn’t hear again by publication.
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Within the court docket submitting, the band alleges Mill Avenue Brewery additionally “encourages customers of social media platforms equivalent to Fb, Twitter, and Instagram to make specific associations between The Tragically Hip and its 100th Meridian.”
“Mill Avenue has leveraged the similarities between the title of its 100th Meridian and The Tragically Hip’s “On the Hundredth Meridian” to trigger precise confusion amongst Canadians, and, in any occasion, to pose a considerable threat of potential confusion,” the assertion of declare reads.
Paul Banwatt, a accomplice at Gilbert’s LLP who’s representing the band, mentioned in the end The Tragically Hip “feels that their followers have been misled (and) that the band and the followers have been wronged.”
“And that’s what’s led us right here,” he informed International Information.
In line with Banwatt, the band did attempt to “attain a compromise” with Mill Avenue Brewery earlier than the lawsuit was filed, however he mentioned “these efforts have been unsuccessful.”
In a letter to followers despatched earlier on Tuesday, the band reiterated that they don’t seem to be related to Mill Avenue’s 100th Meridian beer.
“We knew there may be some confusion on the market, however we didn’t know the way a lot till lately,” the letter reads.
The band mentioned they tried to kind it out with the brewery “for months,” however mentioned the brewery “didn’t take us severely, and albeit have been disrespectful.”
“We’ve got been round for a very long time, and have all the time been capable of work issues like this out with no lawsuit,” the letter learn. “Sadly, not this time. We took this step to clear up any confusion as soon as and for all.”
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Finally, Banwatt mentioned “the band would really like this to cease.”
“That’s an important factor,” he mentioned.
The Tragically Hip can also be looking for a court docket order which might see Mill Avenue Brewery make a public assertion that its services and products usually are not related to the band.
It’s also looking for one other order which, if granted, would drive Mill Avenue Brewery to take away all social media posts that reference The Tragically hip or that function feedback “drawing an affiliation” between the band and Mill Avenue providers or merchandise.
— With information from International Information’ Miranda Anthistle
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