The Tragically Hip has filed a lawsuit towards 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 an announcement of declare filed in an Ontario court docket on Tuesday, Tragically Hip Inc., claimed the brewery has branded and marketed its ‘a hundredth Meridian Amber Lager’ to “move off on the celebrity, goodwill and popularity” of the Tragically Hip.
In 1992 the band — initially from Kingston, Ont. — launched Absolutely Fully, the album that featured ‘On the Hundredth Meridian.’
The Tragically Hip’s Rob Baker says attainable album of unreleased music within the works
The go well with alleges Mill Avenue Brewery “engaged in a course of conduct to, unilaterally and with out permission, journey on the coat tails of one of the vital beloved bands in Canadian music historical past by advertising and marketing its beer with regards 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 identified with terminal most cancers.
International Information has despatched a request for remark to Mill Avenue Brewery and to its mum or dad firm Anheuser-Busch InBev, however didn’t hear again by publication.
The Tragically Hip Braveness masks proceeds donated to The Unison Benevolent Fund
Within the court docket submitting, the band alleges Mill Avenue Brewery additionally “encourages customers of social media platforms reminiscent of Fb, Twitter, and Instagram to make specific associations between The Tragically Hip and its a hundredth Meridian.”
“Mill Avenue has leveraged the similarities between the title of its a hundredth Meridian and The Tragically Hip’s “On the Hundredth Meridian” to trigger precise confusion amongst Canadians, and, in any occasion, to pose a considerable danger of potential confusion,” the assertion of declare reads.
Battle over snow shovelling leaves 3 neighbours useless in Pennsylvania
Man shot useless whereas filming theft ‘prank’ for YouTube, police say
Paul Banwatt, a companion at Gilbert’s LLP who’s representing the band, stated finally 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 advised International Information.
In keeping with Banwatt, the band did attempt to “attain a compromise” with Mill Avenue Brewery earlier than the lawsuit was filed, however he stated “these efforts have been unsuccessful.”
Canadians belt out Hip music ‘Bobcaygeon’ in help of city grappling with COVID-19 outbreak
In a letter to followers despatched earlier on Tuesday, the band reiterated that they aren’t related to Mill Avenue’s a hundredth 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 stated they tried to kind it out with the brewery “for months,” however stated the brewery “didn’t take us critically, and admittedly have been disrespectful.”
“We now have been round for a very long time, and have at all times been in a position to work issues like this out with out a lawsuit,” the letter learn. “Sadly, not this time. We took this step to clear up any confusion as soon as and for all.”
The Tragically Hip’s Gord Sinclair releases first solo album
In the end, Banwatt stated “the band would really like this to cease.”
“That’s a very powerful factor,” he stated.
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 are usually not related to the band.
Additionally it is looking for one other order which, if granted, would power Mill Avenue Brewery to take away all social media posts that reference The Tragically hip or that characteristic feedback “drawing an affiliation” between the band and Mill Avenue companies or merchandise.
— With recordsdata from International Information’ Miranda Anthistle
© 2021 International Information, a division of Corus Leisure Inc.